Common Alloy Aluminum Sheet From Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65386-65389 [2020-22819]
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65386
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
exceed six months.10 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 exporter
accounts 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 affirmative 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.
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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
10 See Impol’s Letter, ‘‘Request Postponement of
Final Determination and Extension of Provisional
Measures Period,’’ dated September 9, 2020.
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with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–22817 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: 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 Germany 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:
Jonathan Hill or Thomas Hanna, 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) 482–3518 or (202) 482–0835,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 6,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See Common Alloy Aluminum Sheet From
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19445
(April 7, 2020) (Initiation Notice).
2 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and the Republic of Turkey: Postponement
of Preliminary Determinations in the Less-ThanFair-Value Investigations, 85 FR 45576 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
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
Germany. 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.
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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
Aluminum Sheet from Germany,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See 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 concurrently
with this notice (Preliminary Scope Decision
Memorandum).
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773 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act,
Commerce has preliminarily relied
upon facts otherwise available, with
adverse inferences, for Hydro
Aluminium Rolled Products GmbH
(HARP). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
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 weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to HARP.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Novelis Deutschland GmbH
(Novelis). Consequently, the rate
calculated for Novelis is also assigned as
the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter or producer
Hydro Aluminium Rolled Products GmbH ..............................
Novelis Deutschland GmbH .......
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
352.71
7 51.18
51.18
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
7 See Memorandum ‘‘Less-Than-Fair-Value
Investigation of Common Alloy Aluminum Sheet
from Germany: Preliminary Determination Analysis
Memorandum for Novelis Deutschland GmbH,’’
dated concurrently with this notice.
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65387
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 allothers rate, as follows: (1) The cash
deposit rate for the respondents listed in
the table above will be equal to the
company-specific estimated weightedaverage 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 weightedaverage 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.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
Commerce is currently unable to
conduct on-site verification of the
information relied upon in making its
final determination in this investigation.
Accordingly, we intend to take
additional steps in lieu of on-site
verification. Commerce will notify
interested parties of any additional
documentation or information required.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments on non-scope issues will be
announced at a later date. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.8 The deadlines for submitting
case and rebuttal briefs on scope issues
are in the Preliminary Scope Decision
Memorandum.9 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See Preliminary Scope Decision Memorandum.
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information, until further notice.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
During the course of this
investigation, Commerce collected
information from Novelis and HARP
relating to the single entity treatment of
affiliated producers, as well as the
single entity treatment of each
mandatory respondent with Aluminum
Norf GmbH (AluNorf), consistent with
19 CFR 351.401(f).11 Interested parties
are invited to comment on the
application of the criteria in 19 CFR
351.401(f) to Novelis, HARP, and
AluNorf, and to Novelis and HARP
individually with AluNorf in their case
briefs.
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.
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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
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
11 See, e.g., Novelis’s Letter, ‘‘Common Alloy
Aluminum Sheet from Germany: Novelis
Deutschland’s GmbH’s Section A Supplemental
Questionnaire Response,’’ dated August 5, 2020 at
8–14; see also HARP’s Letter, ‘‘Common Alloy
Aluminum Sheet from Germany; Section A
Supplemental Response,’’ dated August 13, 2020 at
1–6.
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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 16 and 18, 2020,
pursuant to 19 CFR 351.210(e), HARP
and Novelis, respectively, requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 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.
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).
12 See Harp’s Letter, ‘‘Common Alloy Aluminum
Sheet from Germany; Request to Extend Final
Determination,’’ dated September 16, 2020; and
Novelis’s Letter, ‘‘Common Alloy Aluminum Sheet
from Germany: Novelis Deutschland’s Request for
Postponement of Final Antidumping
Determination,’’ dated September 18, 2020.
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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
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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 the Investigation
V. Scope Comments
VI. Applications of Facts Available and Use
of Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–22819 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA514
Pacific Island Fisheries; Marine
Conservation Plan for Pacific Insular
Areas Other Than American Samoa,
Guam, and the Northern Mariana
Islands; Western Pacific Sustainable
Fisheries Fund
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency decision.
AGENCY:
NMFS announces approval of
a Marine Conservation Plan (MCP) for
Pacific Insular Areas other than
American Samoa, Guam, and the
Northern Mariana Islands.
DATES: This agency decision is
applicable from August 4, 2020, through
August 3, 2023.
ADDRESSES: You may obtain a copy of
the MCP, identified by NOAA–NMFS–
2020–0132, from the Federal eRulemaking Portal, https://
www.regulations.gov/
#!docketDetail;D=NOAANMFS=2020=0132, or from the Western
Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, 808–522–8220,
https://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
David O’Brien, Sustainable Fisheries,
NMFS Pacific Islands Regional Office,
808–725–5038.
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SUMMARY:
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Section
204(e) of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) authorizes the
Secretary of State, with the concurrence
of the Secretary of Commerce
(Secretary), and in consultation with the
Council, to negotiate and enter into a
Pacific Insular Area fishery agreement
(PIAFA). A PIAFA would allow foreign
fishing within the U.S. Exclusive
Economic Zone (EEZ) adjacent to a
Pacific Insular Area other than
American Samoa, Guam, or the
Northern Mariana Islands, that is, in the
EEZ around the Pacific Remote Island
Areas (PRIA). The PRIA are Baker
Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, Midway
Island, Palmyra Atoll, and Wake Island.
Before entering into a PIAFA for the
PRIA, the Council must develop and
submit to the Secretary a 3-year MCP
that details the uses for funds collected
by the Secretary under the PIAFA.
NMFS is the designee of the Secretary
for MCP review and approval.
The Magnuson-Stevens Act requires
payments received under a PIAFA, and
any funds or contributions received in
support of conservation and
management objectives for the MCP, to
be deposited into the Western Pacific
Sustainable Fisheries Fund (Fund) for
use by the Council. Additionally, in the
case of violations by foreign fishing
vessels in the EEZ around the PRIA,
amounts received by the Secretary
attributable to fines and penalties
imposed under the Magnuson-Stevens
Act, including sums collected from the
forfeiture and disposition or sale of
property seized subject to its authority,
are deposited into the Fund for use by
the Council, after direct costs of the
enforcement action are subtracted.
Section 204(e)(7)(C) of the MagnusonStevens Act also authorizes the Council
to use the Fund to meet conservation
and management objectives in the State
of Hawaii, if funds remain available.
An MCP must be consistent with the
Council’s fishery ecosystem plans
(FEPs), must identify conservation and
management objectives (including
criteria for determining when such
objectives have been met), and must
prioritize planned marine conservation
projects. Although no foreign fishing in
the PRIA is being considered at this
time, the Council reviewed and
approved the draft MCP at its September
2020 meeting. On September 18, 2020,
the Council’s Executive Director
submitted the MCP to NMFS for review
and approval.
The MCP contains the following five
conservation and management
objectives that are consistent with the
SUPPLEMENTARY INFORMATION:
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FEP for the PRIA and the FEP for
Pelagic Fisheries of the Western Pacific:
1. Support quality research and
monitoring to obtain the most complete
scientific information available to assess
and manage fisheries within an
ecosystem approach;
2. Conduct education and outreach to
foster good stewardship principles and
broad and direct public participation in
the Council’s decision making process;
3. Promote regional cooperation to
manage domestic and international
fisheries;
4. Encourage development of
technologies and methods to achieve the
most effective level of monitoring,
control and surveillance (MCS) and to
ensure safety at sea; and
5. Western Pacific community
demonstration projects and Western
Pacific Community Development
Program.
In addition, the MCP contains seven
conservation and management
objectives that are consistent with the
FEP for the Hawaiian Archipelago:
1. Support quality research and
monitoring to obtain the most complete
scientific information available to assess
and manage fisheries within an
ecosystem approach;
2. Promote an ecosystem approach to
fisheries management including
reducing bycatch in fisheries and
minimizing impacts on marine habitat
and impacts on protected species and
addressing climate change adaptation
and mitigation;
3. Conduct education and outreach to
foster good stewardship principles and
broad and direct public participation in
the Council’s decision making process;
4. Recognize the importance of island
cultures and traditional fishing practices
in managing fishery resources and foster
opportunities for participation;
5. Promote responsible domestic
fisheries development to provide long
term economic growth and stability by
reducing foreign imports and increasing
local seafood production;
6. Promote regional cooperation and
capacity building to manage domestic
and international fisheries; and
7. Encourage development of
technologies and methods to achieve the
most effective level of monitoring,
control and surveillance and to ensure
safety at sea.
Please refer to the MCP for projects
and activities designed to meet each
objective, the evaluative criteria, and
priority rankings.
This notice announces that NMFS has
reviewed the MCP and determined that
it satisfies the requirements of the
Magnuson-Stevens Act. Accordingly, we
have approved the MCP for the 3-year
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65386-65389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22819]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: 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 Germany 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: Jonathan Hill or Thomas Hanna, 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) 482-3518 or (202) 482-0835,
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
[[Page 65387]]
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 19445 (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 Germany,'' 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 aluminum sheet from
Germany. 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.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See 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 concurrently with this
notice (Preliminary Scope Decision Memorandum).
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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. Furthermore, pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences, for Hydro Aluminium Rolled Products GmbH (HARP).
For a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
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 rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to HARP. Therefore, the only rate that is
not zero, de minimis, or based entirely on facts otherwise available is
the rate calculated for Novelis Deutschland GmbH (Novelis).
Consequently, the rate calculated for Novelis is also assigned as the
rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\7\ See Memorandum ``Less-Than-Fair-Value Investigation of
Common Alloy Aluminum Sheet from Germany: Preliminary Determination
Analysis Memorandum for Novelis Deutschland GmbH,'' dated
concurrently with this notice.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hydro Aluminium Rolled Products GmbH........................ 352.71
Novelis Deutschland GmbH.................................... \7\ 51.18
All Others.................................................. 51.18
------------------------------------------------------------------------
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 in the table 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.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments on non-scope issues will
be announced at a later date. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for case briefs.\8\ The deadlines for submitting case and
rebuttal briefs on scope issues are in the Preliminary Scope Decision
Memorandum.\9\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
[[Page 65388]]
information, until further notice.\10\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Preliminary Scope Decision Memorandum.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); 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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During the course of this investigation, Commerce collected
information from Novelis and HARP relating to the single entity
treatment of affiliated producers, as well as the single entity
treatment of each mandatory respondent with Aluminum Norf GmbH
(AluNorf), consistent with 19 CFR 351.401(f).\11\ Interested parties
are invited to comment on the application of the criteria in 19 CFR
351.401(f) to Novelis, HARP, and AluNorf, and to Novelis and HARP
individually with AluNorf in their case briefs.
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\11\ See, e.g., Novelis's Letter, ``Common Alloy Aluminum Sheet
from Germany: Novelis Deutschland's GmbH's Section A Supplemental
Questionnaire Response,'' dated August 5, 2020 at 8-14; see also
HARP's Letter, ``Common Alloy Aluminum Sheet from Germany; Section A
Supplemental Response,'' dated August 13, 2020 at 1-6.
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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 and time of
the hearing two days before the scheduled date of the hearing.
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 16 and 18, 2020, pursuant to 19 CFR 351.210(e), HARP
and Novelis, respectively, requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\12\ 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.
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\12\ See Harp's Letter, ``Common Alloy Aluminum Sheet from
Germany; Request to Extend Final Determination,'' dated September
16, 2020; and Novelis's Letter, ``Common Alloy Aluminum Sheet from
Germany: Novelis Deutschland's Request for Postponement of Final
Antidumping Determination,'' dated September 18, 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, 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
[[Page 65389]]
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. Applications of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-22819 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
