Common Alloy Aluminum Sheet From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, 65356-65358 [2020-22814]
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65356
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
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VI. Affiliation and Collapsing
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–22799 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–835]
Common Alloy Aluminum Sheet From
Indonesia: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from Indonesia is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2019 through
December 31, 2019. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Glenn Bass Jr. or John Drury, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8338 and (202) 482–0195,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
1 See Common Alloy Aluminum Sheet From
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from Indonesia’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
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in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Indonesia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.5
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences, for Pt. Alumindo Light Metal
Industry Tbk (Pt. Alumindo). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
5 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6,
2020.
E:\FR\FM\15OCN1.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
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 has preliminarily
determined the estimated dumping
margin for the individually examined
respondent (i.e., Pt. Alumindo) entirely
under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, and consistent
with Commerce’s practice, the all-others
rate in this preliminary determination is
based on the only dumping margin
alleged in the petition.6 For a full
description of the methodology
underlying Commerce’s analysis, see the
Preliminary Decision Memorandum.
circumstances exist with respect to
imports of the subject merchandise from
Indonesia, Oman, Taiwan, and Turkey.8
Section 733(e)(1) of the Act provides
that Commerce will preliminarily
determine that critical circumstances
exist in a LTFV investigation if there is
a reasonable basis to believe or suspect
that: (A) Either (i) there is a history of
dumping and material injury by reason
of dumped imports in the United States
or elsewhere of the subject merchandise,
or (ii) the person by whom, or for whose
account, the merchandise was imported
knew or should have known that the
exporter was selling the subject
merchandise at less than its fair value
and that there was likely to be material
injury by reason of such sales; and (B)
there have been massive imports of the
subject merchandise over a relatively
short period. We preliminarily
determine that critical circumstances
exist with respect to imports of
aluminum sheet from Indonesia.9
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated dumping margin or the
estimated all-others rate, as follows: (1)
Preliminary Determination
The cash deposit rate for the respondent
Commerce preliminarily determines
listed above will be equal to the
that the following estimated dumping
company-specific estimated dumping
margins exist:
margin determined in this preliminary
determination; (2) if the exporter is not
Estimated a respondent identified above, but the
dumping
Exporter/producer
producer is, then the cash deposit rate
margin
will be equal to the company-specific
(percent)
estimated dumping margin established
Pt. Alumindo Light Metal Indusfor that producer of the subject
try Tbk .....................................
32.12 merchandise; and (3) the cash deposit
All Others ....................................
32.12
rate for all other producers and
exporters will be equal to the all-others
Critical Circumstances
rate. These suspension of liquidation
On September 4, 2020, the
instructions will remain in effect until
petitioners 7 filed timely critical
further notice.
circumstances allegations, pursuant to
Section 733(e)(2) of the Act provides
section 733(e)(1) of the Act and 19 CFR
that, given an affirmative preliminary
351.206(c)(1), alleging that critical
determination of critical circumstances,
jbell on DSKJLSW7X2PROD with NOTICES
6 See
Petition at 4.
petitioners are the Aluminum Association
Common Alloy Aluminum Sheet Working Group
and its individual members. The individual
members include Aleris Rolled Products, Inc.;
Arconic, Inc.; Constellium Rolled Products
Ravenswood, LLC; JW Aluminum Company;
Novelis Corporation; and Texarkana Aluminum,
Inc.
7 The
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
8 See Petitioners’ Letter, ‘‘Antidumping
Investigations of Common Alloy Aluminum Sheet
from Indonesia, Oman, Taiwan, and Turkey—
Petitioners’ Allegation of Critical Circumstances,’’
dated September 4, 2020.
9 For a full description of Commerce’s
preliminary critical circumstances determination
see the Preliminary Decision Memorandum for
Indonesia at section ‘‘Critical Circumstances.’’
PO 00000
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Sfmt 4703
65357
any suspension of liquidation shall
apply to unliquidated entries of
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 exist
for Pt. Alumindo and for all other
companies. In accordance with section
733(e)(2)(A) of the Act, suspension of
liquidation of aluminum sheet from
Indonesia as described in the ‘‘Scope of
the Investigation’’ in Appendix I, shall
apply to unliquidated entries of
merchandise from all producers in
Indonesia, that are entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice, the date suspension of
liquidation is first ordered.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
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 the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied adverse facts
available (AFA) to the only individually
examined company (i.e., Pt. Alumindo)
in this investigation, in accordance with
section 776 of the Act, and because the
applied AFA rate is based solely on the
margin alleged in the petition, there are
no calculations to disclose.
Verification
Because the examined respondent in
this investigation did not provide
information requested by Commerce,
and Commerce preliminarily determines
the examined respondent has been
uncooperative, we will not conduct
verification.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than 30 days after the date of
publication of the preliminary
determination, unless the Secretary
alters the time limit.10 Rebuttal briefs,
10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements). Commerce
E:\FR\FM\15OCN1.SGM
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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 the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
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, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Interested Parties
This determination is issued and
published in accordance with sections
has exercised its discretion under 19 CFR
351.309(c)(1)(i) to alter the time limit for
submission of case briefs.
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
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
PO 00000
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Fmt 4703
Sfmt 4703
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 the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inference
VII. Preliminary Affirmative Determination of
Critical Circumstances
VIII. All-Others Rate
IX. Conclusion
[FR Doc. 2020–22814 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–809]
Common Alloy Aluminum Sheet From
Romania: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
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 Romania 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:
DATES:
Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
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]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65356-65358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22814]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-835]
Common Alloy Aluminum Sheet From Indonesia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances
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 Indonesia is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is January 1, 2019
through December 31, 2019. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT: Glenn Bass Jr. or John Drury, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8338 and (202) 482-0195,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 7,
2020.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet From Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain
Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-
Value Investigations, 85 FR 19444 (April 7, 2020) (Initiation
Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Indonesia'' 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
Indonesia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
\5\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated October 6, 2020.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences, for Pt. Alumindo Light Metal Industry Tbk (Pt.
Alumindo). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
[[Page 65357]]
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
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 has preliminarily determined the estimated dumping margin
for the individually examined respondent (i.e., Pt. Alumindo) entirely
under section 776 of the Act. Consequently, pursuant to section
735(c)(5)(B) of the Act, and consistent with Commerce's practice, the
all-others rate in this preliminary determination is based on the only
dumping margin alleged in the petition.\6\ For a full description of
the methodology underlying Commerce's analysis, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Petition at 4.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
dumping margins exist:
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Pt. Alumindo Light Metal Industry Tbk....................... 32.12
All Others.................................................. 32.12
------------------------------------------------------------------------
Critical Circumstances
On September 4, 2020, the petitioners \7\ filed timely critical
circumstances allegations, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the subject merchandise from Indonesia, Oman,
Taiwan, and Turkey.\8\
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\7\ The petitioners are the Aluminum Association Common Alloy
Aluminum Sheet Working Group and its individual members. The
individual members include Aleris Rolled Products, Inc.; Arconic,
Inc.; Constellium Rolled Products Ravenswood, LLC; JW Aluminum
Company; Novelis Corporation; and Texarkana Aluminum, Inc.
\8\ See Petitioners' Letter, ``Antidumping Investigations of
Common Alloy Aluminum Sheet from Indonesia, Oman, Taiwan, and
Turkey--Petitioners' Allegation of Critical Circumstances,'' dated
September 4, 2020.
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Section 733(e)(1) of the Act provides that Commerce will
preliminarily determine that critical circumstances exist in a LTFV
investigation if there is a reasonable basis to believe or suspect
that: (A) Either (i) there is a history of dumping and material injury
by reason of dumped imports in the United States or elsewhere of the
subject merchandise, or (ii) the person by whom, or for whose account,
the merchandise was imported knew or should have known that the
exporter was selling the subject merchandise at less than its fair
value and that there was likely to be material injury by reason of such
sales; and (B) there have been massive imports of the subject
merchandise over a relatively short period. We preliminarily determine
that critical circumstances exist with respect to imports of aluminum
sheet from Indonesia.\9\
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\9\ For a full description of Commerce's preliminary critical
circumstances determination see the Preliminary Decision Memorandum
for Indonesia at section ``Critical Circumstances.''
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated dumping
margin or the estimated all-others rate, as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
company-specific estimated dumping margin determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated 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 rate. These suspension of liquidation instructions will remain
in effect until further notice.
Section 733(e)(2) of the Act provides that, given an affirmative
preliminary determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of 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 exist for Pt. Alumindo and for all
other companies. In accordance with section 733(e)(2)(A) of the Act,
suspension of liquidation of aluminum sheet from Indonesia as described
in the ``Scope of the Investigation'' in Appendix I, shall apply to
unliquidated entries of merchandise from all producers in Indonesia,
that are entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice,
the date suspension of liquidation is first ordered.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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 the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
adverse facts available (AFA) to the only individually examined company
(i.e., Pt. Alumindo) in this investigation, in accordance with section
776 of the Act, and because the applied AFA rate is based solely on the
margin alleged in the petition, there are no calculations to disclose.
Verification
Because the examined respondent in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines the examined respondent has been uncooperative, we will not
conduct verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 30 days after the date of publication of the preliminary
determination, unless the Secretary alters the time limit.\10\ Rebuttal
briefs,
[[Page 65358]]
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\11\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements). Commerce has exercised its discretion
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission
of case briefs.
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its final determination no later
than 75 days after the signature date of this preliminary
determination.
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, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
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 the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. Preliminary Affirmative Determination of Critical Circumstances
VIII. All-Others Rate
IX. Conclusion
[FR Doc. 2020-22814 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
