Common Alloy Aluminum Sheet From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65342-65345 [2020-22820]
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
measures from a four-month period to a
period not more than six months in
duration.
On September 18, 2020, pursuant to
19 CFR 351.210(e), OARC 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, 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 Oman
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.
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
12 See OARC’s Letter, ‘‘Common Alloy Aluminum
Sheet from Oman: Request for Postponement of
Final Determination and Provisional Measures
Period,’’ dated September 18, 2020.
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Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete 1XXX, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation
VII. Application of Facts Available and Use
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of Adverse Inference
VIII. Preliminary Negative Determination of
Critical Circumstances
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020–22805 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–842]
Common Alloy Aluminum Sheet From
Italy: 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 Italy is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable October 15, 2020.
Elfi
Blum or Jun Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0197 or (202) 482–1396,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
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, the
revised deadline is now October 6,
2020.2 For a complete description of the
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Italy. For a complete description of the
scope of this investigation, see
Appendix I.
jbell on DSKJLSW7X2PROD with NOTICES
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice, as well as additional
language proposed by Commerce. 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 As discussed herein,
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 scope case briefs were originally
due on April 20, 2020, 20 calendar days
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Postponement
of Preliminary Determinations in the Less-ThanFair-Value Investigations, 85 FR 45576 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Italy,’’ 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 the Federal Republic of South Africa,
India, Italy, and the People’s Republic of China:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
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after the signature date of the Initiation
Notice, and scope rebuttal briefs were
originally due ten days thereafter on
April 30, 2020.7 However, Commerce
extended the deadline to submit scope
case and rebuttal briefs to May 6, 2020,
and May 18, 2020, respectively.8 There
will be no further opportunity for
comments on scope-related issues.9
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act.
Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied on facts otherwise
available, with adverse inferences, for
Profilglass S.p.A. (Profilglass). 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. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
7 See
Initiation Notice.
Memorandum ‘‘Common 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: Deadline for Scope
Comments: Correction to Scope Comments
Deadlines,’’ dated May 1, 2020.
9 Parties were already permitted the opportunity
to file scope case and rebuttal briefs. Case briefs,
other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV
determination should not include scope-related
issues. See Preliminary Scope Decision
Memorandum; see also ‘‘Public Comment’’ section
of this notice.
8 See
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65343
Commerce has preliminarily
determined that the estimated weightedaverage dumping margin for
Laminazione Sottile S.p.A.
(Laminazione) is zero. Additionally,
Commerce preliminarily assigned a rate
based entirely on facts available, under
section 776 of the Act, to Profilglass.
Therefore, pursuant to section
735(c)(5)(B) of the Act, we determine
that it is reasonable to calculate the allothers rate based on a simple average of
Laminazione’s zero percent margin and
Profilglass’ adverse facts available
(AFA) margin.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Laminazione Sottile S.p.A ..........
Profilglass S.p.A .........................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
0.00
** 29.13
14.57
** Adverse Facts Available (AFA).
Consistent with section 733(b)(3) of
the Act, Commerce disregards de
minimis rates and preliminarily
determines that these individually
examined respondents with de minimis
rates have not made sales of subject
merchandise at LTFV.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register, except for those
entries of subject merchandise produced
and exported by Laminazione. Because
the estimated weighted-average
dumping margin for Laminazione is
zero, we are not directing CBP to
suspend liquidation of entries of the
subject merchandise it produced and
exported.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), where appropriate,
Commerce will instruct CBP to require
a cash deposit equal to the estimated
weighted-average dumping margin or
the estimated all-others rate, as follows:
10 See, e.g., Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey: Final Determination of Sales at Less Than
Fair Value, 81 FR 47355 (July 21, 2016).
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
(1) The cash deposit rate for Profilglass
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 allothers estimated weighted-average
dumping margin. These suspension of
liquidation instructions will remain in
effect until further notice.
Because the estimated weightedaverage dumping margin for
Laminazione is zero, entries of
shipments of subject merchandise
produced and exported by this company
will not be subject to suspension of
liquidation or cash deposit
requirements. In such situations,
Commerce applies the exclusion of the
provisional measures to the producer/
exporter combination that was
examined in the investigation.
Accordingly, Commerce is directing
CBP not to suspend liquidation of
entries of subject merchandise produced
and exported by Laminazione. Entries of
shipments of subject merchandise from
this company in any other producer/
exporter combination, or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, are
subject to the provisional measures at
the all-others rate.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combination identified above, entries of
shipments of subject merchandise from
this producer/exporter combination will
be excluded from the potential
antidumping duty order. Such
exclusions are not applicable to
merchandise exported to the United
States by this respondent in any other
producer/exporter combinations or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination.
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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).
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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. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than seven days after the deadline date
for case briefs.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing, at 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.
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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 17, 2020, pursuant to
19 CFR 351.210(e), Laminazione
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 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.
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 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
12 See Laminazione Sottile S.p.A.’s Letter,
‘‘Antidumping Duty Investigation of Common Alloy
Aluminum Sheet from Italy: Request to Extend
Final Determination,’’ dated September 17, 2020.
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clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete 1XXX, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
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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. 2020–22820 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–941, C–570–942]
Certain Kitchen Appliance Shelving
and Racks From the People’s Republic
of China: Continuation of Antidumping
Duty Order and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain kitchen appliance
shelving and racks from the People’s
Republic of China (China) would likely
lead to continuation or recurrence of
dumping, countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of the AD and
CVD orders.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0652.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 14, 2009, Commerce
published the AD and CVD orders on
certain kitchen appliance shelving and
racks from China.1 On February 3, 2020,
the ITC instituted,2 and Commerce
1 See
Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China:
Amended Final Determination of Sales at Less
Than Fair Value and Notice of Antidumping Duty
Order, 74 FR 46971 (September 14, 2009); and
Certain Kitchen Appliance Shelving and Racks from
the People’s Republic of China: Countervailing Duty
Order, 74 FR 46973 (September 14, 2009)
(collectively, Orders).
2 See Certain Kitchen Appliance Shelving and
Racks from China; Institution of Five-Year Reviews,
85 FR 5980 (February 3, 2020).
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65345
initiated,3 the second sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). As a result of its reviews,
Commerce determined that revocation
of the Orders would likely lead to
continuation or recurrence of dumping
and countervailing subsidies and,
therefore, notified the ITC of the
magnitude of the margins and net
countervailable subsidy rates likely to
prevail should the Orders be revoked.4
On October 6, 2020, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Orders
The product covered by the Orders
consists of shelving and racks for
refrigerators, freezers, combined
refrigerator-freezers, other refrigerating
or freezing equipment, cooking stoves,
ranges, and ovens (‘‘certain kitchen
appliance shelving and racks’’ or ‘‘the
merchandise under order’’). Certain
kitchen appliance shelving and racks
are defined as shelving, baskets, racks
(with or without extension slides, which
are carbon or stainless steel hardware
devices that are connected to shelving,
baskets, or racks to enable sliding), side
racks (which are welded wire support
structures for oven racks that attach to
the interior walls of an oven cavity that
does not include support ribs as a
design feature), and subframes (which
are welded wire support structures that
interface with formed support ribs
inside an oven cavity to support oven
rack assemblies utilizing extension
slides) with the following dimensions:
—Shelving and racks with dimensions:
ranging from 3 inches by 5 inches by
0.10 inch to 28 inches by 34 inches
by 6 inches; or
—baskets with dimensions ranging from
2 inches by 4 inches by 3 inches to
28 inches by 34 inches by 16 inches;
or
—side racks from 6 inches by 8 inches
by 0.1 inch to 16 inches by 30 inches
by 4 inches; or
3 See Initiation of Five-Year (Sunset) Reviews, 85
FR 5940 (February 3, 2020).
4 See Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China: Final
Results of the Expedited Second Sunset Review of
the Antidumping Duty Order, 85 FR 35063 (June 8,
2020); and Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China: Final
Results of the Expedited Second Sunset Review of
the Countervailing Duty Order, 85 FR 35061 (June
8, 2020).
5 See Kitchen Appliance Shelving and Racks from
China, 85 FR 63139 (October 6, 2020).
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65342-65345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22820]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-842]
Common Alloy Aluminum Sheet From Italy: 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 Italy is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2019 through
December 31, 2019. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Jun Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0197 or (202) 482-1396,
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, the revised deadline is now
October 6, 2020.\2\ For a complete description of the
[[Page 65343]]
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
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Common Alloy Aluminum Sheet from Italy,'' 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
Italy. 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, as well as additional language proposed by
Commerce. 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\ As
discussed herein, 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 the
Federal Republic of South Africa, India, Italy, and the People's
Republic of China: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
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The scope case briefs were originally due on April 20, 2020, 20
calendar days after the signature date of the Initiation Notice, and
scope rebuttal briefs were originally due ten days thereafter on April
30, 2020.\7\ However, Commerce extended the deadline to submit scope
case and rebuttal briefs to May 6, 2020, and May 18, 2020,
respectively.\8\ There will be no further opportunity for comments on
scope-related issues.\9\
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\7\ See Initiation Notice.
\8\ See Memorandum ``Common 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: Deadline for Scope Comments: Correction to Scope
Comments Deadlines,'' dated May 1, 2020.
\9\ Parties were already permitted the opportunity to file scope
case and rebuttal briefs. Case briefs, other written comments, and
rebuttal briefs submitted in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum; see also ``Public Comment''
section of 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. Normal value (NV) is
calculated in accordance with section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily relied on facts otherwise available, with adverse
inferences, for Profilglass S.p.A. (Profilglass). 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. Pursuant to
section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
on facts otherwise available, Commerce may use any reasonable method to
establish the estimated weighted-average dumping margin for all other
producers or exporters.
Commerce has preliminarily determined that the estimated weighted-
average dumping margin for Laminazione Sottile S.p.A. (Laminazione) is
zero. Additionally, Commerce preliminarily assigned a rate based
entirely on facts available, under section 776 of the Act, to
Profilglass. Therefore, pursuant to section 735(c)(5)(B) of the Act, we
determine that it is reasonable to calculate the all-others rate based
on a simple average of Laminazione's zero percent margin and
Profilglass' adverse facts available (AFA) margin.\10\
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\10\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Final Determination of
Sales at Less Than Fair Value, 81 FR 47355 (July 21, 2016).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Laminazione Sottile S.p.A................................... 0.00
Profilglass S.p.A........................................... ** 29.13
All Others.................................................. 14.57
------------------------------------------------------------------------
** Adverse Facts Available (AFA).
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates and preliminarily determines that these individually
examined respondents with de minimis rates have not made sales of
subject merchandise at LTFV.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, except for those
entries of subject merchandise produced and exported by Laminazione.
Because the estimated weighted-average dumping margin for Laminazione
is zero, we are not directing CBP to suspend liquidation of entries of
the subject merchandise it produced and exported.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows:
[[Page 65344]]
(1) The cash deposit rate for Profilglass will be equal to the company-
specific estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
Because the estimated weighted-average dumping margin for
Laminazione is zero, entries of shipments of subject merchandise
produced and exported by this company will not be subject to suspension
of liquidation or cash deposit requirements. In such situations,
Commerce applies the exclusion of the provisional measures to the
producer/exporter combination that was examined in the investigation.
Accordingly, Commerce is directing CBP not to suspend liquidation of
entries of subject merchandise produced and exported by Laminazione.
Entries of shipments of subject merchandise from this company in any
other producer/exporter combination, or by third parties that sourced
subject merchandise from the excluded producer/exporter combination,
are subject to the provisional measures at the all-others rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from this producer/exporter
combination will be excluded from the potential antidumping duty order.
Such exclusions are not applicable to merchandise exported to the
United States by this respondent in any other producer/exporter
combinations or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
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. Interested parties
will be notified of the timeline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\11\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing, at 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 17, 2020, pursuant to 19 CFR 351.210(e), Laminazione
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 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.
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\12\ See Laminazione Sottile S.p.A.'s Letter, ``Antidumping Duty
Investigation of Common Alloy Aluminum Sheet from Italy: Request to
Extend Final Determination,'' dated September 17, 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 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
[[Page 65345]]
clad aluminum sheet, as well as multi-alloy, clad aluminum sheet.
With respect to not clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated
by the Aluminum Association. With respect to multi-alloy, clad
aluminum sheet, common alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to either one or both
sides of the core. The use of a proprietary alloy or non-proprietary
alloy that is not specifically registered by the Aluminum
Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but
that otherwise has a chemistry that is consistent with these
designations, does not remove an otherwise in-scope product from the
scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of this investigation may
also be entered into the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-22820 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
