Common Alloy Aluminum Sheet From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 65346-65349 [2020-22801]
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65346
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
—subframes from 6 inches by 10 inches
by 0.1 inch to 28 inches by 34 inches
by 6 inches.
DEPARTMENT OF COMMERCE
The merchandise under the Orders is
comprised of carbon or stainless steel
wire ranging in thickness from 0.050
inch to 0.500 inch and may include
sheet metal of either carbon or stainless
steel ranging in thickness from 0.020
inch to 0.2 inch. The merchandise
under the Orders may by coated or
uncoated and may by formed and/or
welded. Excluded from the scope of the
Orders is shelving in which the support
surface is glass.
The merchandise subject to the
Orders is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) statistical
reporting numbers 8418.99.8050,
8418.99.8060, 7321.90.5000,
7321.90.6090, and 8516.90.8000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Orders is dispositive.
[A–489–839]
Continuation of the Orders
DATES:
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or a recurrence of dumping
and countervailable subsidies, as well as
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
Notification to Interested Parties
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These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: October 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–22807 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
Common Alloy Aluminum Sheet From
Turkey: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Negative
Determination of Critical
Circumstances, 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 Turkey 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.
AGENCY:
Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
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
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-FairValue 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 Affirmative Determination in the
Less-Than-Fair-Value Investigation of Common
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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
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 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 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
Alloy Aluminum Sheet from Turkey,’’ 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.
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 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 ‘‘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 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.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances do not exist with respect
to imports of aluminum sheet by Assan
or Teknik, and do not exist with respect
to imports of aluminum sheet by all
other exporters or producers not
individually examined. For a full
description of the methodology and
results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
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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. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
Commerce calculated an individual
estimated weighted-average dumping
margin for Assan Aluminyum Sanayi ve
Ticaret A.S. (Assan) of 12.65 percent
and an individual estimated weightedaverage dumping margin of 12.90
percent for Teknik Aluminyum Sanayi
A.S. (Teknik), the only individually
examined exporters/producers in this
investigation. Commerce calculated the
rate for the companies not selected for
individual examination using a simple
average of the estimated weightedaverage dumping margins calculated for
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65347
Assan and Teknik and each company’s
publicly-ranged values for the
merchandise under consideration.8 This
margin was assigned to all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
to 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit
equal to the rates indicated above.
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
Preliminary Determination
a cash deposit equal to the estimated
Commerce preliminarily determines
weighted-average dumping margin or
that the following estimated weightedthe estimated all-others rate, as follows:
average dumping margins exist:
(1) The cash deposit rate for the
respondents listed above will be equal
Estimated
Cash deposit
to the company-specific estimated
weightedrates
weighted-average dumping margins
Exporter/proaverage
(adjusted for
determined in this preliminary
ducer
dumping
subsidy
margin
offset(s))
determination; (2) if the exporter is not
(percent)
(percent)
a respondent identified above, but the
producer is, then the cash deposit rate
Assan
will be equal to the company-specific
Aluminyum
estimated weighted-average dumping
Sanayi ve
margin established for that producer of
Ticaret A.S.
9 12.65
(Assan) ........
12.11 the subject merchandise; and (3) the
Teknik
cash deposit rate for all other producers
Aluminyum
and exporters will be equal to the allSanayi A.S.
others estimated weighted-average
10 12.90
(Teknik) .......
12.90 dumping margin. These suspension of
All Others ........
12.71
12.30
liquidation instructions will remain in
effect until further notice.
Suspension of Liquidation
Commerce normally adjusts cash
In accordance with section 733(d)(2)
deposits for estimated antidumping
of the Act, Commerce will direct U.S.
duties by the amount of export subsidies
Customs and Border Protection (CBP) to countervailed in a companion
suspend liquidation of entries of subject countervailing duty (CVD) proceeding
merchandise, as described in Appendix when CVD provisional measures are in
I, entered, or withdrawn from
effect. Commerce preliminarily made an
warehouse, for consumption on or after
affirmative determination that Assan
the date of publication of this notice in
received countervailable export
the Federal Register. Further, pursuant
subsidies 11 and therefore, has offset the
estimated weighted-average dumping
8 With two respondents under examination,
margin by the appropriate CVD rate.
Commerce normally calculates: (A) A weightedAny such adjusted cash deposit rate
average of the estimated weighted-average dumping
may be found in the ‘‘Preliminary
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedDetermination’’ section above.
average dumping margins calculated for the
Should provisional measures in the
examined respondents; and (C) a weighted-average
companion CVD investigation expire
of the estimated weighted-average dumping margins
calculated for the examined respondents using each prior to the expiration of provisional
company’s publicly-ranged U.S. sale quantities for
measures in this LTFV investigation,
the merchandise under consideration. Commerce
Commerce will direct CBP to begin
then compares (B) and (C) to (A) and selects the rate
collecting estimated antidumping duty
closest to (A) as the most appropriate rate for
cash deposits unadjusted for
producers and exporters not subject to individual
examination. See Ball Bearings and Parts Thereof
countervailed export subsidies at the
from France, Germany, Italy, Japan, and the United
time that the provisional CVD measures
Kingdom: Final Results of Antidumping Duty
expire. These suspension of liquidation
Administrative Reviews, Final Results of Changedinstructions will remain in effect until
Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
further notice.
For a complete analysis of the data, see
While Commerce normally adjusts
Memorandum ‘‘Preliminary Determination
cash deposits for estimated antidumping
Calculation for the ‘All-Others’ Rate,’’ dated
duties by the amount of export subsidies
concurrently with, and hereby adopted by, this
notice.
countervailed in a companion
9 See Memorandum, ‘‘Antidumping Duty
countervailing duty (CVD) proceeding
Investigation of Common Alloy Aluminum Sheet
when CVD provisional measures are in
from Turkey: Preliminary Determination Margin
Calculation for Assan Aluminyum Sanayi ve Ticaret
A.S.,’’ dated concurrently with, and hereby adopted
by, this notice.
10 See Memorandum, ‘‘Antidumping Duty
Investigation of Common Alloy Aluminum Sheet
from Turkey: Preliminary Determination Margin
Calculation for Teknik Aluminyum Sanayi A.S.,’’
dated concurrently with, and hereby adopted by,
this notice.
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11 See Common Alloy Aluminum Sheet from The
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Determination of Critical Circumstances
in Part, and Alignmentof Final Determination with
Final Antidumping Duty Determination, 85 FR
49629 (August 14, 2020) (CVD Aluminum Sheet
Prelim).
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
effect, we have preliminarily not
adjusted the cash deposit rate listed
above for Teknik because the
preliminary CVD margin was de
minimis,12 and thus, no CVD cash
deposits are currently being collected.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of (a) the date which is 90
days before the date on which the
suspension of liquidation was first
ordered, or (b) the date on which notice
of initiation of the investigation was
published. Commerce preliminarily
finds that critical circumstances do not
exist for imports of subject merchandise.
Therefore, the provisions under section
733(e)(2) of the Act do not apply.
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).
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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
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties 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.13 Note that Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.14 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
CVD Aluminum Sheet Prelim.
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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
location of the hearing two days before
the scheduled date.
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.
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 and 22, 2020,
pursuant to 19 CFR 351.210(e), Assan
and Teknik requested, respectively, that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15
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
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
13 See
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15 See Assan’s Letter, ‘‘Request to Extend Final
Determination and Provisional Measures,’’ dated
September 11, 2020; and Teknik’s Letter, ‘‘Request
to Postpone Final Determination and to Extend
Provisional Measures,’’ dated September 22, 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 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 Turkey
are materially injuring, or threaten
material injury to, the U.S. industry.
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
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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. Discussion of the Methodology
VII. Preliminary Negative Determination of
Critical Circumstances
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–22801 Filed 10–14–20; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–856–001]
Common Alloy Aluminum Sheet from
Slovenia: 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 Slovenia 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.
AGENCY:
Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Irene Gorelik, 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) 482–1537 or
(202) 482–6905, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
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
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
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65349
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
Slovenia. 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.
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
Aluminum Sheet from Slovenia,’’ 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 Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Memorandum).
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65346-65349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22801]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-839]
Common Alloy Aluminum Sheet From Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, 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 Turkey 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: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3964.
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-FairValue
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
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Common Alloy Aluminum Sheet from Turkey,'' dated concurrently
with, and hereby adopted by this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum sheet from
Turkey. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ 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.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\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 Turkey: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
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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\
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\7\ Case briefs, other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV determination should
not include scope-related issues. See ``Public Comment'' section of
this notice.
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[[Page 65347]]
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. For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances do not
exist with respect to imports of aluminum sheet by Assan or Teknik, and
do not exist with respect to imports of aluminum sheet by all other
exporters or producers not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
All-Others Rate
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. Pursuant to
section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis, or determined based
entirely on facts otherwise available, Commerce may use any reasonable
method to establish the estimated weighted-average dumping margin for
all other producers or exporters.
Commerce calculated an individual estimated weighted-average
dumping margin for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) of
12.65 percent and an individual estimated weighted-average dumping
margin of 12.90 percent for Teknik Aluminyum Sanayi A.S. (Teknik), the
only individually examined exporters/producers in this investigation.
Commerce calculated the rate for the companies not selected for
individual examination using a simple average of the estimated
weighted-average dumping margins calculated for Assan and Teknik and
each company's publicly-ranged values for the merchandise under
consideration.\8\ This margin was assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\8\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for producers and exporters not subject to
individual examination. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). For a complete analysis of the
data, see Memorandum ``Preliminary Determination Calculation for the
`All-Others' Rate,'' dated concurrently with, and hereby adopted by,
this notice.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\9\ See Memorandum, ``Antidumping Duty Investigation of Common
Alloy Aluminum Sheet from Turkey: Preliminary Determination Margin
Calculation for Assan Aluminyum Sanayi ve Ticaret A.S.,'' dated
concurrently with, and hereby adopted by, this notice.
\10\ See Memorandum, ``Antidumping Duty Investigation of Common
Alloy Aluminum Sheet from Turkey: Preliminary Determination Margin
Calculation for Teknik Aluminyum Sanayi A.S.,'' dated concurrently
with, and hereby adopted by, this notice.
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rates
average (adjusted for
Exporter/producer dumping subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S. \9\ 12.65 12.11
(Assan)....................................
Teknik Aluminyum Sanayi A.S. (Teknik)....... \10\ 12.90 12.90
All Others.................................. 12.71 12.30
------------------------------------------------------------------------
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 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the rates indicated above.
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 respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins 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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Commerce preliminarily made an affirmative determination
that Assan received countervailable export subsidies \11\ and
therefore, has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above.
---------------------------------------------------------------------------
\11\ See Common Alloy Aluminum Sheet from The Republic of
Turkey: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances in
Part, and Alignmentof Final Determination with Final Antidumping
Duty Determination, 85 FR 49629 (August 14, 2020) (CVD Aluminum
Sheet Prelim).
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
While Commerce normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding when CVD provisional
measures are in
[[Page 65348]]
effect, we have preliminarily not adjusted the cash deposit rate listed
above for Teknik because the preliminary CVD margin was de minimis,\12\
and thus, no CVD cash deposits are currently being collected.
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\12\ See CVD Aluminum Sheet Prelim.
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Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances do not exist for imports of subject
merchandise. Therefore, the provisions under section 733(e)(2) of the
Act do not apply.
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 may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments will be notified to
interested parties 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.\13\ Note that Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\14\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a 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 and 22, 2020, pursuant to 19 CFR 351.210(e), Assan
and Teknik requested, respectively, that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\15\
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\15\ See Assan's Letter, ``Request to Extend Final Determination
and Provisional Measures,'' dated September 11, 2020; and Teknik's
Letter, ``Request to Postpone Final Determination and to Extend
Provisional Measures,'' dated September 22, 2020.
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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 Turkey 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
[[Page 65349]]
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. Discussion of the Methodology
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-22801 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
