Common Alloy Aluminum Sheet From Bahrain: Final Affirmative Countervailing Duty Determination, 13333-13335 [2021-04723]
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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merchandise entered, or withdrawn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.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix I—Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
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19:05 Mar 05, 2021
Jkt 253001
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
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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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13334
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Period of Investigation
The period of investigation is January
1, 2019, through December 31, 2019.
Scope of the Investigation
The product covered by this
investigation is aluminum sheet from
Bahrain. For a full description of the
scope of the investigation, see Appendix
I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.4 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.5
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite 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 Act.6
jbell on DSKJLSW7X2PROD with NOTICES
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
4 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).
5 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).
6 See Commerce’s Letters, dated November 9 and
18, 2020; see also GARMCO’s Letter, ‘‘Common
Alloy Aluminum Sheet from Bahrain; Verification
Questionnaire Response,’’ dated November 18,
2020; and GOB’s Letter, ‘‘Common Alloy
Aluminum Sheet from Bahrain; GOB Verification
Response,’’ dated November 25, 2020.
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19:05 Mar 05, 2021
Jkt 253001
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
Appendix II of this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying this final determination, see
the Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the record
and the comments received, we have
made certain changes to the
countervailable subsidy rate
calculations. For discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
rates that are zero, de minimis rates, or
based entirely under section 776 of the
Act.
In this investigation, Commerce
calculated an individual estimated
countervailable subsidy rate for
GARMCO, the only individually
examined exporter/producer, which is
not zero, de minimis, or based entirely
on facts otherwise available.
Accordingly, we have assigned
GARMCO’s rate to all other producers
and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
We determine the net countervailable
subsidy rates to be:
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Sfmt 4703
Company
Gulf Aluminium Rolling Mill
B.S.C. ......................................
All Others ....................................
Subsidy
rate
(percent)
6.44
6.44
Disclosure
We intend to disclose the calculations
performed in this final determination to
interested parties within five days of
any public announcement or, if there is
no public announcement, within five
days of the date of the publication of
this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to section
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all aluminum sheet from Bahrain,
that were entered, or withdrawn from
warehouse, for consumption on or after
August 14, 2020, the date of the
publication of the Preliminary
Determination in the Federal Register.
In accordance with section 703(d) of the
Act, effective December 12, 2020, we
instructed CBP to discontinue the
suspension of liquidation of all entries,
but to continue the suspension of
liquidation of all entries between
August 14 through December 11, 2020.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
countervailable duties for such entries
of subject merchandise in the amounts
indicated above. If the ITC determines
that material injury, or threat of material
injury, does not exist, this proceeding
will be terminated, and all cash deposits
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
705(b) 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 of
aluminum sheet from Bahrain no later
than 45 days after our final
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding APO
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to the parties subject to 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 the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix I
Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
VerDate Sep<11>2014
19:05 Mar 05, 2021
Jkt 253001
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. Scope of the Investigation
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether to Revise GARMCO’s
Sales Denominator
Comment 2: How to Calculate the Benefit
for the Provision of Electricity and Water
Comment 3: Whether Income Tax
Exemptions Are Countervailable
Comment 4: What Benchmark to Use to
Calculate the Benefit for the Provision of
Land
Comment 5: Whether to Countervail the
Provision of Land Associated with Plot
NS–107
Comment 6: Whether Alba Is an Authority
Comment 7: What Benchmark to Use to
Calculate the Benefit for the Provision of
Primary Aluminum
Comment 8: Whether the Natural Gas
Market in Bahrain Is Distorted
Comment 9: What Benchmark to Use to
Calculate the Benefit for the Provision of
Natural Gas
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13335
Comment 10: Whether Certain Programs
Are Specific
Comment 11: Whether the Tamkeen
Programs Have Been Terminated
VII. Recommendation
[FR Doc. 2021–04723 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA917]
Caribbean Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Caribbean Fishery
Management Council’s (Council)
District Advisory Panels (DAPs) will
hold public virtual meetings to address
the items contained in the tentative
agenda included in the SUPPLEMENTARY
INFORMATION.
DATES: The DAPs public virtual
meetings will be held as follows: St.
Thomas/St. John DAP, March 29, 2021,
from 10 a.m. to 12 p.m.; Puerto Rico
DAP, March 29, 2021, from 1 p.m. to 3
p.m.; St. Croix DAP, March 30, 2021,
from 10 a.m. to 12 p.m. All meetings
will be at Atlantic Standard Time (AST).
ADDRESSES: You may join the DAPs
public virtual meetings (via Zoom) from
a computer, tablet or smartphone by
entering the following addresses:
SUMMARY:
Zoom Virtual Meeting: DAP–STT/STJ
Time: Mar 29, 2021, 10 a.m. Puerto Rico
Join Zoom Meeting
https://us02web.zoom.us/j/
83854425765?
pwd=aW1McVk5WFh3REh
6TVAzWFNTOGlXdz09
Meeting ID: 838 5442 5765
Passcode: 778522
One Tap Mobile
+17879451488,,83854425765#,,,,
*778522# Puerto Rico
+17879667727,,83854425765#,,,,
*778522# Puerto Rico
Zoom Virtual Meeting: DAP–PR
Time: Mar 29, 2021, 1 p.m. Puerto Rico
Join Zoom Meeting
https://us02web.zoom.us/j/
86873299715?
pwd=SklOeFZxVGx5WWNM
aEt0WnBZRDVFZz09
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]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13333-13335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04723]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-525-002]
Common Alloy Aluminum Sheet From Bahrain: Final Affirmative
Countervailing Duty Determination
AGENCY: 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:
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 13334]]
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2019, through December
31, 2019.
Scope of the Investigation
The product covered by this investigation is aluminum sheet from
Bahrain. For a full description of the scope of the investigation, see
Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\4\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum.\5\ Commerce is
not modifying the scope language as it appeared in the Preliminary
Determination. See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------
\4\ 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).
\5\ 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).
---------------------------------------------------------------------------
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 Act.\6\
---------------------------------------------------------------------------
\6\ See Commerce's Letters, dated November 9 and 18, 2020; see
also GARMCO's Letter, ``Common Alloy Aluminum Sheet from Bahrain;
Verification Questionnaire Response,'' dated November 18, 2020; and
GOB's Letter, ``Common Alloy Aluminum Sheet from Bahrain; GOB
Verification Response,'' dated November 25, 2020.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying this final determination, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the record and the comments received, we
have made certain changes to the countervailable subsidy rate
calculations. For discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis rates, or based entirely under section
776 of the Act.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for GARMCO, the only individually examined
exporter/producer, which is not zero, de minimis, or based entirely on
facts otherwise available. Accordingly, we have assigned GARMCO's rate
to all other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
We determine the net countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Gulf Aluminium Rolling Mill B.S.C........................... 6.44
All Others.................................................. 6.44
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination to interested parties within five days of any public
announcement or, if there is no public announcement, within five days
of the date of the publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all aluminum
sheet from Bahrain, that were entered, or withdrawn from warehouse, for
consumption on or after August 14, 2020, the date of the publication of
the Preliminary Determination in the Federal Register. In accordance
with section 703(d) of the Act, effective December 12, 2020, we
instructed CBP to discontinue the suspension of liquidation of all
entries, but to continue the suspension of liquidation of all entries
between August 14 through December 11, 2020.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated countervailable duties for
such entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all cash
deposits will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. Because the final determination in this
proceeding is affirmative, in accordance with section 705(b) 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 of aluminum sheet
from Bahrain no later than 45 days after our final determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary
[[Page 13335]]
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to the
parties subject to 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
the return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(d) and 777(i) 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. Scope of the Investigation
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether to Revise GARMCO's Sales Denominator
Comment 2: How to Calculate the Benefit for the Provision of
Electricity and Water
Comment 3: Whether Income Tax Exemptions Are Countervailable
Comment 4: What Benchmark to Use to Calculate the Benefit for
the Provision of Land
Comment 5: Whether to Countervail the Provision of Land
Associated with Plot NS-107
Comment 6: Whether Alba Is an Authority
Comment 7: What Benchmark to Use to Calculate the Benefit for
the Provision of Primary Aluminum
Comment 8: Whether the Natural Gas Market in Bahrain Is
Distorted
Comment 9: What Benchmark to Use to Calculate the Benefit for
the Provision of Natural Gas
Comment 10: Whether Certain Programs Are Specific
Comment 11: Whether the Tamkeen Programs Have Been Terminated
VII. Recommendation
[FR Doc. 2021-04723 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
