Common Alloy Aluminum Sheet From Romania: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 65358-65361 [2020-22815]

Download as PDF 65358 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 Frm 00020 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 E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices on April 7, 2020.1 On July 29, 2020, Commerce postponed the preliminary determination in 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 common alloy aluminum sheet from Romania. For a complete description of the scope of this investigation, see Appendix I. jbell on DSKJLSW7X2PROD with NOTICES 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 preliminary determination and accompanying discussion and analysis of all comments timely received, see the Preliminary 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 Romania’’ 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. VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 Scope Decision Memorandum.6 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. 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 Alro, SA and Vimetco Group.7 For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate 65359 only one dumping margin in the petition for this investigation. Therefore, we used that rate as the All Others rate. 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 dumping margins exist: Exporter/producer Estimated dumping margin (percent) Alro, SA 8 .................................... All Others .................................... 83.94 12.51 Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. 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 margins for each of the individually examined respondents (i.e., Alro, SA and Vimetco Group) entirely under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances has been to calculate the all-others rate as a simple average of the alleged dumping margins from the petition. However, there is 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 respondents 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 allothers estimated dumping margin. These suspension of liquidation instructions will remain in effect until further notice. 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’’ (Preliminary Scope Decision Memorandum), dated concurrently with this notice. 7 Alro, SA noted that its name is ‘‘Alro, SA’’ rather than ‘‘Alro, S.A.’’ as stated in the Initiation Notice. See Alro, SA’s Letter, ‘‘Common Alloy Aluminum Sheets from Romania, A–385–809; Clarification of Company Names,’’ April 8, 2020. 8 On April 8, 2020, Alro, SA and its affiliate Vimetco Management Romania, SRL, notified Commerce that ‘‘Vimetco Group’’ is not a legal entity but that the name reflects a collection of companies including Alro, SA. Additionally, Alro, SA noted that its name is ‘‘Alro, SA’’ rather than ‘‘Alro, S.A.’’ as stated in the Initiation Notice. See Alro, SA’s Letter, ‘‘Common Alloy Aluminum Sheets from Romania, A–385–809; Clarification of Company Names,’’ April 8, 2020. Given that Vimetco Group is not a legal entity but refers to a group of companies in which Alro SA is the only producer, seller, and exporter of aluminum sheet, we have assigned the dumping rate to Alro, SA. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Disclosure Commerce intends to disclose to interested parties any calculations E:\FR\FM\15OCN1.SGM 15OCN1 65360 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices performed in connection with this preliminary determination within five days of its 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). 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 and time of the hearing two days before the scheduled date of the hearing. Verification Because the examined respondents in this investigation did not provide information requested by Commerce, and Commerce preliminarily determines that each of the examined respondents have been uncooperative, we will not conduct verification. Final Determination 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. While the petitioners requested postponement of the final determination, the preliminary determination is affirmative, and no exporter requested postponement of the final determination. In such a scenario, 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. jbell on DSKJLSW7X2PROD with NOTICES 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 21 days after the date of publication of the preliminary determination.9 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 The deadlines for submitting case and rebuttal briefs on scope issues are in the Preliminary Scope Decision Memorandum.11 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.12 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 9 See 19 CFR 351.309(c)(1)(i); and 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. 10 See 19 CFR 351.309; and 19 CFR 351.303 (for general filing requirements). 11 See Preliminary Scope Decision Memorandum. 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inferences VII. All-Others Rate VIII. Recommendation [FR Doc. 2020–22815 Filed 10–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–867] Common Alloy Aluminum Sheet From Taiwan: 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 Taiwan 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: Kathryn Turlo, 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) 482–3870. SUPPLEMENTARY INFORMATION: Background jbell on DSKJLSW7X2PROD with NOTICES This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 7, 2020.1 On July 29, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now October 6, 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). VerDate Sep<11>2014 17:41 Oct 14, 2020 Jkt 253001 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 Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 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.5 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 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 Alloy Aluminum Sheet from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice. 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 65361 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 was established in the Preliminary Scope Decision Memorandum.7 There will be no further opportunity for comments on scoperelated issues. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. 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 from C.S. Aluminium Corporation (CSAC) and all other producers and exporters of subject merchandise. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Section 733(d)(1)(A)(ii) 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. Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce has preliminarily determined that the estimated weightedaverage dumping margin for CSAC is 18.02 percent. Therefore, pursuant to section 735(c)(5)(A) of the Act, we determine that it is reasonable to determine the all-others rate based on CSAC’s estimated weighted-average 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; and ‘‘Public Comment’’ section of this notice. E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65358-65361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22815]


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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

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 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.

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

[[Page 65359]]

on April 7, 2020.\1\ On July 29, 2020, Commerce postponed the 
preliminary determination in 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 Romania'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are common alloy 
aluminum sheet from Romania. 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 preliminary 
determination and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ 
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, ``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'' (Preliminary Scope Decision 
Memorandum), dated concurrently with this notice.
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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 Alro, SA and Vimetco Group.\7\ For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ Alro, SA noted that its name is ``Alro, SA'' rather than 
``Alro, S.A.'' as stated in the Initiation Notice. See Alro, SA's 
Letter, ``Common Alloy Aluminum Sheets from Romania, A-385-809; 
Clarification of Company Names,'' April 8, 2020.
---------------------------------------------------------------------------

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. 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 margins 
for each of the individually examined respondents (i.e., Alro, SA and 
Vimetco Group) entirely under section 776 of the Act. Consequently, 
pursuant to section 735(c)(5)(B) of the Act, Commerce's normal practice 
under these circumstances has been to calculate the all-others rate as 
a simple average of the alleged dumping margins from the petition. 
However, there is only one dumping margin in the petition for this 
investigation. Therefore, we used that rate as the All Others rate. 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 
dumping margins exist:
---------------------------------------------------------------------------

    \8\ On April 8, 2020, Alro, SA and its affiliate Vimetco 
Management Romania, SRL, notified Commerce that ``Vimetco Group'' is 
not a legal entity but that the name reflects a collection of 
companies including Alro, SA. Additionally, Alro, SA noted that its 
name is ``Alro, SA'' rather than ``Alro, S.A.'' as stated in the 
Initiation Notice. See Alro, SA's Letter, ``Common Alloy Aluminum 
Sheets from Romania, A-385-809; Clarification of Company Names,'' 
April 8, 2020. Given that Vimetco Group is not a legal entity but 
refers to a group of companies in which Alro SA is the only 
producer, seller, and exporter of aluminum sheet, we have assigned 
the dumping rate to Alro, SA.

------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Alro, SA \8\................................................       83.94
All Others..................................................       12.51
------------------------------------------------------------------------

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 respondents 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 estimated dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose to interested parties any calculations

[[Page 65360]]

performed in connection with this preliminary determination within five 
days of its 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

    Because the examined respondents in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines that each of the examined respondents have 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 21 days after the date of publication of the preliminary 
determination.\9\ Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\10\ The deadlines for submitting case and 
rebuttal briefs on scope issues are in the Preliminary Scope Decision 
Memorandum.\11\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\12\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c)(1)(i); and 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.
    \10\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing 
requirements).
    \11\ See Preliminary Scope Decision Memorandum.
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
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 and time of 
the hearing two days before the scheduled date of the hearing.

Final Determination

    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. While the petitioners requested postponement of the 
final determination, the preliminary determination is affirmative, and 
no exporter requested postponement of the final determination. In such 
a scenario, 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

[[Page 65361]]

II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inferences
VII. All-Others Rate
VIII. Recommendation

[FR Doc. 2020-22815 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
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