Common Alloy Aluminum Sheet From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65377-65379 [2020-22810]
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Preliminary Determination of No
Shipments
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–22798 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–895]
Common Alloy Aluminum Sheet From
India: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from India is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is January 1,
2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Nicolas Mayora, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8194 or (202) 482–3053,
respectively.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 6,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
India. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and the Republic of Turkey: Postponement
of Preliminary Determinations in the Less-ThanFair-Value Investigations, 85 FR 45576 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from India,’’ dated concurrently
with, and hereby adopted by this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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65377
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity for
comments on scope-related issues.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of
the Act, Commerce has preliminarily
relied on partial facts otherwise
available, with adverse inferences, for
Hindalco Industries Limited (Hindalco).
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
6 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Common
Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia,
Italy, Republic of Korea, Oman, Romania, Serbia,
Slovenia, South Africa, Spain, Taiwan and Turkey:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
7 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum at 4; and the ‘‘Public
Comment’’ section of this notice.
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
Commerce calculated an individual
estimated weighted-average dumping
margin for Hindalco. Additionally,
Commerce preliminarily determined
that the estimated weighted-average
dumping margin for Manaksia
Aluminium Company Limited (MALCO)
is zero. Therefore, for purposes of
determining the all-others rate, and
pursuant to section 735(c)(5)(A) of the
Act, we are using the dumping margin
calculated for Hindalco, which is not
zero, de minimis, or determined entirely
under section 776 of the Act. For a full
description of the methodology
underlying Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Hindalco Industries Limited ...............................
Manaksia Aluminium
Company Limited .........
All Others ........................
Estimated
weightedaverage
dumping
margin
(percent)
Cash deposit rate
(adjusted for
subsidy
offsets)
(percent)
47.92
44.59
0.00
47.92
0.00
44.59
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Consistent with section 733(b)(3) of
the Act, Commerce disregards de
minimis rates. Accordingly, Commerce
preliminarily determines that MALCO,
an individually examined respondent
with a zero rate, has not made sales of
subject merchandise at LTFV.
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, except for those
entries of subject merchandise produced
and exported by MALCO. Because the
estimated weighted-average dumping
margin for MALCO is zero, we are not
directing CBP to suspend liquidation of
entries of the subject merchandise it
produced and exported.
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
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17:41 Oct 14, 2020
Jkt 253001
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 allothers estimated weighted-average
dumping margin. These suspension of
liquidation instructions will remain in
effect until further notice.
Because the estimated weightedaverage dumping margin for MALCO is
zero, entries of shipments of subject
merchandise from this company will
not be subject to suspension of
liquidation or cash deposit
requirements. In such situations,
Commerce applies the exclusion from
the provisional measures to the
producer/exporter combination that was
examined in the investigation.
Accordingly, Commerce is directing
CBP not to suspend liquidation of
entries of subject merchandise produced
and exported by MALCO. Entries of
shipments of subject merchandise from
this company in any other producer/
exporter combination, or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, are
subject to the provisional measures at
the all-others rate.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combination identified above, entries of
shipments of subject merchandise from
this producer/exporter combination will
be excluded from the potential
antidumping duty order. Such
exclusions are not applicable to
merchandise exported to the United
States by this respondent in any other
producer/exporter combinations or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination.
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. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies (i.e., Advanced Authorization
Program, Duty Drawback Program,
Export Promotion of Capital Good
Scheme, Merchandise Export from India
Scheme, and Export-Oriented Unit
Scheme), Commerce has offset the
estimated weighted-average dumping
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margin by the appropriate CVD rate.8
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section above.
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.
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 on non-scope issues will be
notified to interested parties 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.9
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
8 See Common Alloy Aluminum Sheet from India:
Preliminary Affirmative Countervailing Duty
Determination, Preliminary Negative Critical
Circumstances Determination, and Alignment of
Final Determination with Final Antidumping Duty
Determination, 85 FR 49631 (August 14, 2020), and
accompanying Preliminary Decision Memorandum.
9 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements).
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\15OCN1.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
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.
jbell on DSKJLSW7X2PROD with NOTICES
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 7 and 18, 2020,
pursuant to 19 CFR 351.210(e), MALCO
and Hindalco requested, respectively,
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting 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
11 See MALCO’s Letter, ‘‘Common Alloy
Aluminium Sheet from India: Request to Postpone
the Final Determination,’’ dated September 7, 2020;
and Hindalco’s Letter, ‘‘Common Alloy Aluminum
Sheet from India: Hindalco’s Request for
Postponement of Final Antidumping
Determination,’’ dated September 18, 2020.
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
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 India
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
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65379
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. Application of Facts Available and Use of
Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–22810 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Rescission of Antidumping
Duty Administrative Review; 2019–
2020, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 8, 2020, the
Department of Commerce (Commerce)
AGENCY:
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]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65377-65379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22810]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-895]
Common Alloy Aluminum Sheet From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
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 India is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation is January 1, 2019 through December
31, 2019. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT: Jasun Moy or Nicolas Mayora, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8194 or (202) 482-3053,
respectively.
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.
---------------------------------------------------------------------------
\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 India,'' 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
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and Turkey: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\7\ Case briefs, other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV determination should
not include scope-related issues. See Preliminary Scope Decision
Memorandum at 4; and the ``Public Comment'' section of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. Furthermore, pursuant to
sections 776(a) and (b) of the Act, Commerce has preliminarily relied
on partial facts otherwise available, with adverse inferences, for
Hindalco Industries Limited (Hindalco). For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely under section 776 of the Act.
[[Page 65378]]
Commerce calculated an individual estimated weighted-average
dumping margin for Hindalco. Additionally, Commerce preliminarily
determined that the estimated weighted-average dumping margin for
Manaksia Aluminium Company Limited (MALCO) is zero. Therefore, for
purposes of determining the all-others rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the dumping margin calculated for
Hindalco, which is not zero, de minimis, or determined entirely under
section 776 of the Act. For a full description of the methodology
underlying Commerce's analysis, see the Preliminary Decision
Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash
Estimated deposit
weighted- rate
Exporter/producer average (adjusted
dumping for subsidy
margin offsets)
(percent) (percent)
------------------------------------------------------------------------
Hindalco Industries Limited..................... 47.92 44.59
Manaksia Aluminium Company Limited.............. 0.00 0.00
All Others...................................... 47.92 44.59
------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
MALCO, an individually examined respondent with a zero rate, has not
made sales of subject merchandise at LTFV.
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, except for those
entries of subject merchandise produced and exported by MALCO. Because
the estimated weighted-average dumping margin for MALCO is zero, we are
not directing CBP to suspend liquidation of entries of the subject
merchandise it produced and exported.
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.
Because the estimated weighted-average dumping margin for MALCO is
zero, entries of shipments of subject merchandise from this company
will not be subject to suspension of liquidation or cash deposit
requirements. In such situations, Commerce applies the exclusion from
the provisional measures to the producer/exporter combination that was
examined in the investigation. Accordingly, Commerce is directing CBP
not to suspend liquidation of entries of subject merchandise produced
and exported by MALCO. Entries of shipments of subject merchandise from
this company in any other producer/exporter combination, or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination, are subject to the provisional measures at the
all-others rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from this producer/exporter
combination will be excluded from the potential antidumping duty order.
Such exclusions are not applicable to merchandise exported to the
United States by this respondent in any other producer/exporter
combinations or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
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. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies (i.e.,
Advanced Authorization Program, Duty Drawback Program, Export Promotion
of Capital Good Scheme, Merchandise Export from India Scheme, and
Export-Oriented Unit Scheme), Commerce has offset the estimated
weighted-average dumping margin by the appropriate CVD rate.\8\ Any
such adjusted cash deposit rate may be found in the ``Preliminary
Determination'' section above.
---------------------------------------------------------------------------
\8\ See Common Alloy Aluminum Sheet from India: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 85 FR 49631
(August 14, 2020), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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.
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 on non-scope issues will
be notified to interested parties 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.\9\
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\10\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each
[[Page 65379]]
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing
requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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 7 and 18, 2020, pursuant to 19 CFR 351.210(e), MALCO
and Hindalco requested, respectively, that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\11\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative; (2) the requesting 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.
---------------------------------------------------------------------------
\11\ See MALCO's Letter, ``Common Alloy Aluminium Sheet from
India: Request to Postpone the Final Determination,'' dated
September 7, 2020; and Hindalco's Letter, ``Common Alloy Aluminum
Sheet from India: Hindalco'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 India are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
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. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-22810 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
