Common Alloy Aluminum Sheet From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65363-65366 [2020-22818]
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
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
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the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation
VII. Preliminary Negative Determination of
Critical Circumstances
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–22803 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–854]
Common Alloy Aluminum Sheet From
Brazil: 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 Brazil 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:
Shanah Lee or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6386 or (202) 482–5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
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65363
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 common alloy
aluminum sheet from Brazil. 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
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 Brazil,’’ dated concurrently
with, and hereby adopted by this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR at 19445.
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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 Preliminary Scope Decision
Memorandum establishes the deadline
to submit scope case briefs.7 There will
be no further opportunity for comments
on scope-related issues.8
Brasileira de Aluminio (CBA) and
calculated an individual estimated
weighted-average dumping margin for
Novelis do Brasil Ltda. (Novelis Brasil),
the two respondents selected for
individual examination in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Novelis Brasil is
the margin assigned to all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
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.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. In addition, Commerce
has relied upon facts otherwise
available with an adverse inference
under sections 776(a) and (b) of the Act
for Companhia Brasileira de Aluminio
(CBA). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to Companhia
6 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6,
2020, (Preliminary Scope Decision Memorandum).
7 Case briefs, other written comments, and
rebuttal briefs submitted by 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.
8 Parties were already permitted the opportunity
to file scope case and rebuttal briefs.
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Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Companhia
Brasileira de
Aluminio ......
Novelis do Brasil Ltda .........
All Others ........
Cash deposit
rate
(adjusted for
subsidy
offset(s))
(percent)
* 136.78
* 135.63
9 49.48
49.48
48.33
49.48
* Adverse Facts Available (AFA).
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 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
9 See Memorandum, ‘‘Antidumping Duty
Investigation of Common Alloy Aluminum Sheet
from Brazil: Analysis of the Preliminary
Determination Margin Calculations for Novelis do
Brasil Ltda.,’’ dated concurrently with this notice.
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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.
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 we
preliminarily made an affirmative
determination for countervailable export
subsidies in the companion CVD
proceeding,10 we offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. Any such
adjusted rates may be found in the
‘‘Preliminary Determination’’ section
above.11
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
10 See Common Alloy Aluminum Sheet from
Brazil: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 49634 (August 14, 2020)
(CAAS Brazil CVD Prelim), and accompanying
Preliminary Decision Memorandum.
11 For Novelis Brasil, cash deposit rates are not
adjusted for export subsidies, as the subsidy rates
found in the companion CVD investigation for the
respondent were de minimis. For CBA, the
preliminary dumping margins are adjusted by 1.15
percent, reflecting the total amount of estimated
export subsidies found for CBA in the companion
CVD investigation (i.e., for Integrated Drawback
Program (1.08) and Reintegra (.07)). As the
preliminary all-others rate in the companion CVD
investigation is based entirely on the rate of
subsidization found for CBA, CBA’s rate in this
investigation is similarly adjusted by 1.15 percent
to reflect the total amount of estimated export
subsidies found for CBA. See CAAS Brazil CVD
Prelim Preliminary Decision Memorandum; and
Memorandum, ‘‘Calculation of Export Subsidy
Adjustments for the Preliminary Determination,’’
dated concurrently with this notice.
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information relied upon in making its
final determination in this investigation.
Accordingly, we intend to take
additional steps in lieu of on-site
verification. Commerce will notify
interested parties of any additional
documentation or information required.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance. A
timeline for the submission of case
briefs and written comments will be
provided 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.12 Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.13
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 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.
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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
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
13 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).
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postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On September 18 and 21, 2020,
pursuant to 19 CFR 351.210(e), Novelis
Brasil and CBA requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.14 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of aluminum sheet from Brazil
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).
14 See Novelis Brasil’s Letter, ‘‘Common Alloy
Aluminum Sheet from Brazil: Novelis do Brasil’s
Request for Postponement for Final Antidumping
Determination,’’ dated September 18, 2020, and
CBA’s Letter, ‘‘Antidumping Duty Investigation of
Common Alloy Aluminum Sheet from Brazil: CBA’s
Request for Postponement of Final Determination,’’
dated September 21, 2020.
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65365
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,
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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. 2020–22818 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Partial Rescission of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review, in part, of the
antidumping duty order on certain steel
nails from Taiwan for the period July 1,
2019 through June 30, 2020.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On September 3, 2020, based on
timely requests for review by Mid
Continent Steel & Wire, Inc. (the
petitioner), a domestic producer and
interested party 1 and nine Taiwanese
1 See Petitioner’s Letter, ‘‘Request for
Administrative Review,’’ dated July 31, 2020. As
the petitioner’s request included three instances of
duplicated company names, Commerce only
counted the duplicated company names one time
upon initiation, with the exception of Yu Chi
Hardware Co., Ltd. which the petitioner listed twice
and was also inadvertently listed twice in the
Initiation Notice. See Initiation of Antidumping and
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companies,2 Commerce published in the
Federal Register a notice of initiation,
covering 141 companies, of an
administrative review of the
antidumping duty order on certain steel
nails from Taiwan covering the period
July 1, 2019 through June 30, 2020.3
On September 21, 2020, the petitioner
timely withdrew its request for
administrative review for all companies
originally requested, except for one
company, Create Trading Co., Ltd.4
However, because eight of the
companies withdrawn by the petitioner
also self-requested an administrative
review, and those companies have not
withdrawn their review requests, we
will not rescind the review with respect
to those eight companies.5 Apart from
the aforementioned eight companies, no
other parties requested review of the
companies withdrawn by the petitioner.
Finally, we note that the petitioner did
not request review of Hoyi Plus Co.,
Ltd., a ninth company that also selfrequested a review. Therefore, only 10
companies remain for which all requests
for review have not been withdrawn at
this time.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
Because all requests for administrative
review of the 130 companies listed in
the Appendix were withdrawn by the
petitioner within 90 days of the date of
publication of the Initiation Notice, and
no other interested party requested a
review of these 130 companies,
Commerce is rescinding this review
with respect to these companies in
accordance with 19 CFR 351.213(d)(1).
The administrative review remains
active with respect to the following 10
companies: China Staple Enterprise
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020) (Initiation Notice).
2 See Letter, ‘‘Administrative Review Request,’’
dated July 31, 2020, collectively from: Liang
Chyuan Industrial Co., Ltd., Romp Coil Nail
Industries Inc., UJL Industries Co., Ltd., Hor Liang
Industrial Corp., Yu Chi Hardware Co., Ltd., Trim
International Inc., China Staple Enterprise
Corporation, Hoyi Plus Co., Ltd., and Zon Mon Co.,
Ltd.
3 See Initiation Notice.
4 See Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Reviews,’’ dated September 21,
2020.
5 Those eight companies are: (1) China Staple
Enterprise Corporation; (2) Hor Liang Industrial
Corp.; (3) Liang Chyuan Industrial Co., Ltd.; (4)
Romp Coil Nail Industries Inc.; (5) Trim
International Inc.; (6) UJL Industries Co., Ltd.; (7)
Yu Chi Hardware Co., Ltd.; (8) Zon Mon Co., Ltd.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
Corporation, Create Trading Co., Ltd.,
Hor Liang Industrial Corp., Hoyi Plus
Co., Ltd., Liang Chyuan Industrial Co.,
Ltd., Romp Coil Nail Industries Inc.,
Trim International Inc., UJL Industries
Co., Ltd., Yu Chi Hardware Co., Ltd.,
and Zon Mon Co., Ltd.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period July 1,
2019 through June 30, 2020, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65363-65366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22818]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-854]
Common Alloy Aluminum Sheet From Brazil: 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 Brazil 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: Shanah Lee or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6386 or (202) 482-5449,
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.
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\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-
Value Investigations, 85 FR 19444 (April 7, 2020) (Initiation
Notice).
\2\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 85 FR
45576 (July 29, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Brazil,'' dated concurrently with, and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet from Brazil. 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
[[Page 65364]]
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\6\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce is preliminarily
modifying the scope language as it appeared in the Initiation Notice.
See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 19445.
\6\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated October 6, 2020,
(Preliminary Scope Decision Memorandum).
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The Preliminary Scope Decision Memorandum establishes the deadline
to submit scope case briefs.\7\ There will be no further opportunity
for comments on scope-related issues.\8\
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\7\ Case briefs, other written comments, and rebuttal briefs
submitted by 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.
\8\ Parties were already permitted the opportunity to file scope
case and rebuttal briefs.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. In addition, Commerce has relied upon facts otherwise available
with an adverse inference under sections 776(a) and (b) of the Act for
Companhia Brasileira de Aluminio (CBA). 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.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to Companhia Brasileira de Aluminio (CBA)
and calculated an individual estimated weighted-average dumping margin
for Novelis do Brasil Ltda. (Novelis Brasil), the two respondents
selected for individual examination in this investigation. Because the
only individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Novelis Brasil is the margin
assigned to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\9\ See Memorandum, ``Antidumping Duty Investigation of Common
Alloy Aluminum Sheet from Brazil: Analysis of the Preliminary
Determination Margin Calculations for Novelis do Brasil Ltda.,''
dated concurrently with this notice.
------------------------------------------------------------------------
Estimated
weighted- Cash deposit
average rate (adjusted
Exporter/producer dumping for subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Companhia Brasileira de Aluminio............ * 136.78 * 135.63
Novelis do Brasil Ltda...................... \9\ 49.48 49.48
All Others.................................. 49.48 48.33
------------------------------------------------------------------------
* Adverse Facts Available (AFA).
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 weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin. These suspension of
liquidation instructions will remain in effect until further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where we preliminarily made an affirmative
determination for countervailable export subsidies in the companion CVD
proceeding,\10\ we offset the estimated weighted-average dumping margin
by the appropriate CVD rate. Any such adjusted rates may be found in
the ``Preliminary Determination'' section above.\11\
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\10\ See Common Alloy Aluminum Sheet from Brazil: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 85 FR 49634
(August 14, 2020) (CAAS Brazil CVD Prelim), and accompanying
Preliminary Decision Memorandum.
\11\ For Novelis Brasil, cash deposit rates are not adjusted for
export subsidies, as the subsidy rates found in the companion CVD
investigation for the respondent were de minimis. For CBA, the
preliminary dumping margins are adjusted by 1.15 percent, reflecting
the total amount of estimated export subsidies found for CBA in the
companion CVD investigation (i.e., for Integrated Drawback Program
(1.08) and Reintegra (.07)). As the preliminary all-others rate in
the companion CVD investigation is based entirely on the rate of
subsidization found for CBA, CBA's rate in this investigation is
similarly adjusted by 1.15 percent to reflect the total amount of
estimated export subsidies found for CBA. See CAAS Brazil CVD Prelim
Preliminary Decision Memorandum; and Memorandum, ``Calculation of
Export Subsidy Adjustments for the Preliminary Determination,''
dated concurrently with this notice.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
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
[[Page 65365]]
information relied upon in making its final determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance. A
timeline for the submission of case briefs and written comments will be
provided 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.\12\ Note
that Commerce has modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\13\ 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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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ 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).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 18 and 21, 2020, pursuant to 19 CFR 351.210(e),
Novelis Brasil and CBA requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\14\ 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.
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\14\ See Novelis Brasil's Letter, ``Common Alloy Aluminum Sheet
from Brazil: Novelis do Brasil's Request for Postponement for Final
Antidumping Determination,'' dated September 18, 2020, and CBA's
Letter, ``Antidumping Duty Investigation of Common Alloy Aluminum
Sheet from Brazil: CBA's Request for Postponement of Final
Determination,'' dated September 21, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, then the ITC
will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of aluminum sheet from Brazil 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,
[[Page 65366]]
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. 2020-22818 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
