Common Alloy Aluminum Sheet From Bahrain: Final Affirmative Determination of Sales at Less Than Fair Value, 13331-13333 [2021-04721]
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
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patterns in relief), of rectangular shape,
neither clad, plated nor coated with
metal, whether or not painted,
varnished, or coated with plastics or
other nonmetallic substances; and
certain iron and nonalloy steel flatrolled products not in coils, of
rectangular shape, hot-rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75 mm or
more in thickness and of a width which
exceeds 150 mm and measures at least
twice the thickness. Included as subject
merchandise in this Order are flat-rolled
products of nonrectangular cross-section
where such cross-section is achieved
subsequent to the rolling process (i.e.,
products which have been ‘‘worked
after rolling’’)—for example, products
which have been beveled or rounded at
the edges. This merchandise is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000,
7212.40.5000, and 7212.50.0000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Order is dispositive.
Specifically excluded from the subject
merchandise within the scope of the
Order is grade X–70 steel plate.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of dumping in the event of
revocation of the Order and the
magnitude of the dumping margins
likely to prevail if the Order is revoked,
is provided in the Issues and Decision
Memorandum.5 A list of the sections in
the Issues and Decision Memorandum is
attached as an appendix to this notice.
The Issues and 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 Issues and
Decision Memorandum can be accessed
on the internet at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1),
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would likely lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail are weighted-average
dumping margins up to 128.59 percent.
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials, or the
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act, and 19 CFR 351.218 and 19
CFR 351.221(c)(5)(ii).
Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Sections in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021–04768 Filed 3–5–21; 8:45 am]
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13331
DEPARTMENT OF COMMERCE
International Trade Administration
[A–525–001]
Common Alloy Aluminum Sheet From
Bahrain: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from Bahrain is being,
or is likely to be, sold in the United
States at less than fair value (LTFV) for
the period of investigation, January 1,
2019, through December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of aluminum
sheet from Bahrain, in which we also
postponed the final determination until
March 1, 2021.1 We invited interested
parties to comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, may be found in the
Issues and Decision Memorandum.2
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Bahrain. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
1 See Common Alloy Aluminum Sheet from
Bahrain: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65372 (October 15, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Common Alloy Aluminum Sheet
from Bahrain,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.4
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
a discussion of these changes, see the
‘‘Changes from the Preliminary
Determination’’ section of the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
Analysis of Comments Received
individually investigated excluding
All issues raised in the case and
rates that are zero, de minimis, or
rebuttal briefs that were submitted by
determined entirely under section 776
parties in this investigation are
of the Act. Commerce calculated an
addressed in the Issues and Decision
individual estimated weighted-average
Memorandum. A list of the issues
dumping margin for Gulf Aluminium
addressed in the Issues and Decision
Rolling Mill B.S.C. (GARMCO), the only
Memorandum is attached to this notice
individually examined exporter/
at Appendix II. The Issues and Decision producer in this investigation. Because
Memorandum is a public document and the only individually calculated
is on file electronically via Enforcement dumping margin is not zero, de
and Compliance’s Antidumping and
minimis, or based entirely on facts
Countervailing Duty Centralized
otherwise available, the estimated
Electronic Service System (ACCESS).
weighted-average dumping margin
ACCESS is available to registered users
calculated for GARMCO is the margin
at https://access.trade.gov. In addition, a assigned to all other producers and
complete version of the Issues and
exporters, pursuant to section
Decision Memorandum can be accessed 735(c)(5)(A) of the Act.
directly at https://enforcement.trade.gov/
Final Determination
frn.
The final estimated weighted-average
Verification
dumping margins are as follows:
Commerce was unable to conduct onsite verification of the information
Estimated
weightedrelied upon in making its final
average
determination in this investigation.
Exporter/producer
dumping
However, we took additional steps in
margin
lieu of on-site verification to verify the
(percent)
information relied upon in making this
final determination, in accordance with Gulf Aluminium Rolling Mill
B.S.C. (GARMCO) ..................
4.83
section 782(i) of the Tariff Act of 1930,
All Others ....................................
4.83
as amended (the Act).5
jbell on DSKJLSW7X2PROD with NOTICES
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations. For
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
4 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea,
Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Final
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Decision Memorandum).
5 See Commerce’s Letter, ‘‘In Lieu of Verification
Supplemental,’’ dated January 4, 2021; see also
Impol’s Letter, ‘‘Response to In Lieu of Verification
Questionnaire,’’ dated January 12, 2021.
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
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).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in
Appendix I of this notice, entered, or
withdrawn from warehouse, for
consumption on or after October 15,
2020, the date of publication of
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Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondent
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final 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
respondent-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.
While Commerce normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect, we have not adjusted the cash
deposit rates listed above because
Commerce found no countervailable
export subsidies in the final
determination of the companion CVD
investigation.6
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of aluminum sheet no later
than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded
and suspension of liquidation will be
lifted. If the ITC determines that such
injury does exist, Commerce will issue
an AD order directing CBP to assess,
6 See the Final Affirmative Countervailing Duty
Determination of Common Alloy Aluminum Sheet
from Bahrain and accompanying Issues and
Decision Memorandum dated concurrently with
this final determination.
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
upon further instruction by Commerce,
AD duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a final
reminder to the parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting 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
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
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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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes From the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Treatment of Further
Processing and Repacking Costs
Comment 3: Constructed Export Price
(CEP) Offset
Comment 4: Whether Indirect Selling
Expenses Should Be Deducted from
Third Country Sales
Comment 5: Whether Certain Sales Should
Be Removed From The U.S. Database
Comment 6: Cost of Production (COP) of
Major Input
Comment 7: Certain Offsets to Direct
Material Costs
Comment 8: Variable Overhead Expenses
(VOH)
Comment 9: Financial Expense Ratio
V. Recommendation
[FR Doc. 2021–04721 Filed 3–5–21; 8:45 am]
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13333
DEPARTMENT OF COMMERCE
International Trade Administration
[C–525–002]
Common Alloy Aluminum Sheet From
Bahrain: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
common alloy aluminum sheet
(aluminum sheet) from Bahrain.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 14, 2020, Commerce
published the Preliminary
Determination in the Federal Register.1
In addition to the Government of
Bahrain (GOB), the mandatory
respondent in this investigation is Gulf
Aluminium Rolling Mill B.S.C.
(GARMCO). In the Preliminary
Determination, and in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4), Commerce aligned the
final countervailable duty (CVD)
determination with the final
antidumping duty determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, may be
found in the Issues and Decision
Memorandum.3 The Issues and 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
1 See Common Alloy Aluminum Sheet from
Bahrain: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 85 FR 49636 (August 14, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Determination, 85 FR at 49637.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from Bahrain,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13331-13333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04721]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-525-001]
Common Alloy Aluminum Sheet From Bahrain: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of common alloy aluminum sheet (aluminum sheet) from Bahrain is being,
or is likely to be, sold in the United States at less than fair value
(LTFV) for the period of investigation, January 1, 2019, through
December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2020, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
aluminum sheet from Bahrain, in which we also postponed the final
determination until March 1, 2021.\1\ We invited interested parties to
comment on the Preliminary Determination. A summary of the events that
occurred since Commerce published the Preliminary Determination, may be
found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 65372 (October 15, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Common Alloy Aluminum Sheet from Bahrain,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum sheet from
Bahrain. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
[[Page 13332]]
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\3\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum.\4\ Commerce is
not modifying the scope language as it appeared in the Preliminary
Determination. See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
\4\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan,
and Turkey: Scope Comments Final Decision Memorandum,'' dated
concurrently with, and hereby adopted by, this notice (Final Scope
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``In Lieu of Verification
Supplemental,'' dated January 4, 2021; see also Impol's Letter,
``Response to In Lieu of Verification Questionnaire,'' dated January
12, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations. For a discussion of these changes,
see the ``Changes from the Preliminary Determination'' section of the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be 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. Commerce calculated an individual estimated weighted-average
dumping margin for Gulf Aluminium Rolling Mill B.S.C. (GARMCO), the
only individually examined exporter/producer in this investigation.
Because the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for GARMCO is the margin
assigned to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Gulf Aluminium Rolling Mill B.S.C. (GARMCO)................. 4.83
All Others.................................................. 4.83
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, entered, or withdrawn from
warehouse, for consumption on or after October 15, 2020, the date of
publication of Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondent listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final 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 respondent-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.
While Commerce normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding when CVD provisional
measures are in effect, we have not adjusted the cash deposit rates
listed above because Commerce found no countervailable export subsidies
in the final determination of the companion CVD investigation.\6\
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\6\ See the Final Affirmative Countervailing Duty Determination
of Common Alloy Aluminum Sheet from Bahrain and accompanying Issues
and Decision Memorandum dated concurrently with this final
determination.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of aluminum sheet no later than 45 days after
this final determination. If the ITC determines that such injury does
not exist, this proceeding will be terminated, and all cash deposits
posted will be refunded and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an AD order directing CBP to assess,
[[Page 13333]]
upon further instruction by Commerce, AD duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of this investigation may
also be entered into the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes From the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Treatment of Further Processing and Repacking Costs
Comment 3: Constructed Export Price (CEP) Offset
Comment 4: Whether Indirect Selling Expenses Should Be Deducted
from Third Country Sales
Comment 5: Whether Certain Sales Should Be Removed From The U.S.
Database
Comment 6: Cost of Production (COP) of Major Input
Comment 7: Certain Offsets to Direct Material Costs
Comment 8: Variable Overhead Expenses (VOH)
Comment 9: Financial Expense Ratio
V. Recommendation
[FR Doc. 2021-04721 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
