Common Alloy Aluminum Sheet From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65354-65356 [2020-22799]

Download as PDF 65354 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices b. Test of Comparison Market Sales Prices c. Results of the COP Test G. Calculation of NV Based on Comparison-Market Prices VII. Currency Conversion VIII. Recommendation [FR Doc. 2020–22802 Filed 10–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–906] Common Alloy Aluminum Sheet From the Republic of Korea: 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 the Republic of Korea (Korea) 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: Matthew Renkey, 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) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Background jbell on DSKJLSW7X2PROD with NOTICES 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 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- VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 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 product covered by this investigation is aluminum sheet from Korea. 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 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 deadlines to submit scope case briefs are established in the Preliminary Scope Fair-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 the Republic of Korea,’’ 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. 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 the Republic of Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October, 6, 2020 (Preliminary Scope Decision Memorandum). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 (NV) is calculated in accordance with section 773 of the Act. 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. Commerce calculated an estimated weighted-average dumping margin for Novelis Korea Limited and Ulsan Aluminum Limited (Novelis/Ulsan) that is not zero, de minimis, or based entirely on facts otherwise available.8 Accordingly, Commerce assigned the estimated weighted-average dumping margin calculated for Novelis/Ulsan to all other producers and exporters.9 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: 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; see also ‘‘Public Comment’’ section of this notice. 8 See Memorandum, ‘‘Antidumping Duty Investigation of Common Alloy Aluminum Sheet from the Republic of Korea: Preliminary Determination Margin Calculation for Novelis Korea Limited and Ulsan Aluminum Limited,’’ dated concurrently with, and hereby adopted by, this notice. 9 On September 28, 2020, we determined that Novelis Korea Limited and Ulsan Aluminum Limited are affiliated, pursuant to section 771(33)(E) of the Act, and that they should be treated as a single entity, Novelis/Ulsan, pursuant to 19 CFR 351.401(f). See Memorandum, ‘‘Antidumping Duty Investigation of Common Alloy Aluminum Sheet from the Republic of Korea: Novelis Korea Limited and Ulsan Aluminum Limited Preliminary Affiliation and Collapsing Memorandum,’’ dated September 28, 2020. E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices Public Comment Case briefs or other written comments Exporter/producer on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the Novelis Korea Limited/Ulsan Alutimeline for the submission of such case minum Limited ......................... 5.04 briefs and written comments at a later All Others .................................... 5.04 date. Rebuttal briefs, limited to issues raised in these case briefs, may be Suspension of Liquidation submitted no later than seven days after the deadline date for case briefs.10 Note In accordance with section 733(d)(2) that Commerce has modified certain of of the Act, Commerce will direct U.S. its requirements for serving documents Customs and Border Protection (CBP) to containing business proprietary suspend liquidation of entries of subject information until further notice.11 merchandise, as described in Appendix Pursuant to 19 CFR 351.309(c)(2) and I, entered, or withdrawn from (d)(2), parties who submit case briefs or warehouse, for consumption on or after rebuttal briefs in this investigation are the date of publication of this notice in encouraged to submit with each the Federal Register. argument: (1) A statement of the issue; Further, pursuant to section (2) a brief summary of the argument; 733(d)(1)(B) of the Act and 19 CFR and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), 351.205(d), where appropriate, interested parties who wish to request a Commerce will instruct CBP to require hearing, limited to issues raised in the a cash deposit equal to the estimated case and rebuttal briefs, must submit a weighted-average dumping margin or the estimated all-others rate, as follows: written request to the Assistant Secretary for Enforcement and (1) The cash deposit rate for the respondent listed above will be equal to Compliance, U.S. Department of Commerce, within 30 days after the date the company-specific estimated of publication of this notice. Requests weighted-average dumping margin should contain the party’s name, determined in this preliminary address, and telephone number, the determination; (2) if the exporter is not number of participants, whether any a respondent identified above, but the participant is a foreign national, and a producer is, then the cash deposit rate list of the issues to be discussed. If a will be equal to the company-specific request for a hearing is made, Commerce estimated weighted-average dumping intends to hold the hearing at a time and margin established for that producer of date to be determined. Parties should the subject merchandise; and (3) the cash deposit rate for all other producers confirm by telephone the date, time, and location of the hearing two days before and exporters will be equal to the allthe scheduled date. others estimated weighted-average dumping margin. These suspension of Postponement of Final Determination liquidation instructions will remain in and Extension of Provisional Measures effect until further notice. Section 735(a)(2) of the Act provides that a final determination may be Disclosure postponed until not later than 135 days Commerce intends to disclose its after the date of the publication of the calculations and analysis performed to preliminary determination if, in the interested parties in this preliminary event of an affirmative preliminary determination within five days of any determination, a request for such public announcement or, if there is no postponement is made by exporters who public announcement, within five days account for a significant proportion of of the date of publication of this notice exports of the subject merchandise, or in in accordance with 19 CFR 351.224(b). the event of a negative preliminary determination, a request for such Verification postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s Commerce is currently unable to regulations requires that a request by conduct on-site verification of the exporters for postponement of the final information relied upon in making its final determination in this investigation. determination be accompanied by a Accordingly, we intend to take 10 See 19 CFR 351.309; see also 19 CFR 351.303 additional steps in lieu of on-site (for general filing requirements). verification. Commerce will notify 11 See Temporary Rule Modifying AD/CVD interested parties of any additional Service Requirements Due to COVID–19; Extension documentation or information required. of Effective Period, 85 FR 41363 (July 10, 2020). jbell on DSKJLSW7X2PROD with NOTICES Estimated weightedaverage dumping margin (percent) VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 65355 request for extension of provisional measures from a four-month period to a period not more than six months in duration. On September 18, 2020, pursuant to 19 CFR 351.210(e), Novelis/Ulsan 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 Korea 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 12 See Novelis/Ulsan’s Letter, ‘‘Common Alloy Aluminum Sheet from Korea: Novelis Korea’s Request for Postponement of Final Antidumping Determination,’’ dated September 18, 2020. E:\FR\FM\15OCN1.SGM 15OCN1 65356 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices 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 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. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 VI. Affiliation and Collapsing VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2020–22799 Filed 10–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–835] Common Alloy Aluminum Sheet From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances 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 Indonesia 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: Glenn Bass Jr. or John Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8338 and (202) 482–0195, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included 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 Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy Aluminum Sheet from Indonesia’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. 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 Indonesia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 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 preliminary determination and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.5 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, for Pt. Alumindo Light Metal Industry Tbk (Pt. Alumindo). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notice. 5 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. E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65354-65356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22799]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-906]


Common Alloy Aluminum Sheet From the Republic of Korea: 
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 the Republic of 
Korea (Korea) 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: Matthew Renkey, 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) 482-2312.

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.
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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 the Republic of Korea,'' 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 
Korea. 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 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 deadlines to submit scope case briefs are established in the 
Preliminary Scope Decision Memorandum. There will be no further 
opportunity for comments on scope-related issues.\7\
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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 the Republic of 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; see also ``Public Comment'' section of this notice.
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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 (NV) is 
calculated in accordance with section 773 of the Act. 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.
    Commerce calculated an estimated weighted-average dumping margin 
for Novelis Korea Limited and Ulsan Aluminum Limited (Novelis/Ulsan) 
that is not zero, de minimis, or based entirely on facts otherwise 
available.\8\ Accordingly, Commerce assigned the estimated weighted-
average dumping margin calculated for Novelis/Ulsan to all other 
producers and exporters.\9\
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    \8\ See Memorandum, ``Antidumping Duty Investigation of Common 
Alloy Aluminum Sheet from the Republic of Korea: Preliminary 
Determination Margin Calculation for Novelis Korea Limited and Ulsan 
Aluminum Limited,'' dated concurrently with, and hereby adopted by, 
this notice.
    \9\ On September 28, 2020, we determined that Novelis Korea 
Limited and Ulsan Aluminum Limited are affiliated, pursuant to 
section 771(33)(E) of the Act, and that they should be treated as a 
single entity, Novelis/Ulsan, pursuant to 19 CFR 351.401(f). See 
Memorandum, ``Antidumping Duty Investigation of Common Alloy 
Aluminum Sheet from the Republic of Korea: Novelis Korea Limited and 
Ulsan Aluminum Limited Preliminary Affiliation and Collapsing 
Memorandum,'' dated September 28, 2020.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

[[Page 65355]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Novelis Korea Limited/Ulsan Aluminum Limited................        5.04
All Others..................................................        5.04
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 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), where appropriate, 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.

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 these case briefs, may be submitted 
no later than seven days after the deadline date for case briefs.\10\ 
Note that 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.
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    \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).
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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 18, 2020, pursuant to 19 CFR 351.210(e), Novelis/Ulsan 
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.
---------------------------------------------------------------------------

    \12\ See Novelis/Ulsan's Letter, ``Common Alloy Aluminum Sheet 
from Korea: Novelis Korea's Request for Postponement of Final 
Antidumping Determination,'' dated September 18, 2020.
---------------------------------------------------------------------------

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 Korea 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

[[Page 65356]]

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 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. Affiliation and Collapsing
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2020-22799 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
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