Common Alloy Aluminum Sheet From India: Final Affirmative Determination of Sales at Less Than Fair Value, 13282-13285 [2021-04726]
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foregrips/handguards, buttstocks, pistol
grips and bayonet lugs from military
rifles; empty ammunition cartridge
casings; smokeless ammunition powder;
ammunition primer; pistol receivers;
pistol barrels; slides, hammers, trigger
groups, sights, magazines, grips, bolt
carriers and bolts from pistols; foregrips,
buttstocks, pistol grips, trigger groups,
gas piston assemblies, sight assemblies,
magazines, rail attachments, dust cover
assemblies, muzzle device assemblies,
bolt carriers, bolts, carrying handles,
operating rods, cocking handles,
sporting rifle receivers, sporting rifle
barrels and sporting barreled receivers
from rifles; shotgun barrels; shotgun
receivers; and, foregrips, buttstocks,
pistol grips, trigger groups, gas piston
assemblies, sight assemblies, magazines,
rail attachments, dust cover assemblies,
muzzle device assemblies, bolt carriers,
bolts, carrying handles, operating rods
and cocking handles for shotguns (duty
rate ranges from duty-free to 4.2%).
M.M.O. would be able to avoid duty on
foreign-status components which
become scrap/waste. Customs duties
also could possibly be deferred or
reduced on foreign-status production
equipment.
The components and materials
sourced from abroad include: Military
rifles; machine guns; semi-automatic
pistols; steel, aluminum and plastic
pistol receivers; steel and plastic pistol
barrels; semiautomatic rifles (centerfire);
steel, aluminum and plastic rifle
receivers; steel and aluminum rifle
barrels; military shotguns; steel and
aluminum shotgun barrels;
semiautomatic shotguns; pump-action
shotguns; steel, aluminum and plastic
shotgun receivers; and, 5.56mm,
7.62mm, .223, .50BMG, .308, 9mm,
.45ACP and .40 ammunition (duty rate
ranges from duty-free to 13%). The
request indicates that certain materials/
components are subject to duties under
Section 301 of the Trade Act of 1974
(Section 301), depending on the country
of origin. The applicable Section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is April
19, 2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov.
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Dated: March 2, 2021.
Andrew McGilvray,
Executive Secretary.
DEPARTMENT OF COMMERCE
International Trade Administration
[FR Doc. 2021–04718 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
[A–533–895]
DEPARTMENT OF COMMERCE
Common Alloy Aluminum Sheet From
India: Final Affirmative Determination
of Sales at Less Than Fair Value
Foreign-Trade Zones Board
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
[S–35–2021]
Foreign-Trade Zone 44—Mt. Olive, New
Jersey; Application for Subzone; All
Ways Pacific LLC; Dayton, New Jersey
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the State of New Jersey Department of
State, grantee of FTZ 44, requesting
subzone status for the facility of All
Ways Pacific LLC, located in Dayton,
New Jersey. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
March 2, 2021.
The proposed subzone (16.86 acres) is
located at 10 Sigle Lane, Dayton, New
Jersey. No authorization for production
activity has been requested at this time.
The proposed subzone would be subject
to the existing activation limit of FTZ
44.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is April
19, 2021. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
May 3, 2021.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov.
Dated: March 2, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–04717 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
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The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from India are being,
or are 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.
SUMMARY:
DATES:
Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Nicolas Mayora, 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) 482–8194 or (202) 482–3053,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2020, Commerce
published in the Federal Register the
preliminary affirmative determination
in the LTFV investigation of aluminum
sheet from India, 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
India. For a complete description of the
scope of this investigation, see
Appendix I.
1 See Common Alloy Aluminum Sheet from India:
Preliminary Affirmative Determination of Sales at
Less-Than-Fair-Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 85 FR 65377 (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 India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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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.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we addressed 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.
Analysis of Comments Received
All the 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
as 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/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
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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 an on-site verification to verify
the information relied upon in making
this final determination, in accordance
3 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of 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, ‘‘Antidumping and
Countervailing Duty Investigations of 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
Final Determinations,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Decision Memorandum).
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with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings
related to our request for information in
lieu of verification, we made certain
changes to the margin calculations for
Manaksia Aluminum Company Limited
(MALCO). For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Exporter/
producer
Hindalco Industries Limited
Manaksia Aluminium Company Limited
All Others ........
Estimated
weightedaverage
dumping
margin
(percent)
Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
47.92
44.64
0.00
47.92
0.00
44.64
Use of Adverse Facts Available
One of the respondents, Hindalco
Industries Limited (Hindalco), failed to
submit a timely response to Commerce’s
supplemental section A questionnaire
and did not timely file an extension
request. Therefore, in the Preliminary
Determination, pursuant to sections
776(a) and (b) of the Act, Commerce
assigned Hindalco a rate based on
partial adverse facts available (AFA). As
discussed in the Issues and Decision
Memorandum, we continue to find that
the application of partial AFA pursuant
to sections 776(a) and (b) of the Act is
warranted with respect to Hindalco.6
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
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Commerce has determined
that the estimated weighted-average
dumping margin for MALCO is zero.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Hindalco. Consequently, the rate
calculated for Hindalco is also assigned
as the rate for all other producers and
exporters.7
5 See Commerce’s Letter, ‘‘Request for
Documentation,’’ dated November 17, 2020; see
also Commerce’s Letter, ‘‘Request for
Documentation,’’ dated November 17, 2020; see
also Hindalco’s Letter, ‘‘Common Alloy Aluminum
Sheet from India: Hindalco Industries Limited’s
Response to Request for Documentation,’’ dated
November 25, 2020; and MALCO’s Letter,
‘‘Common Alloy Aluminium Sheet from India:
Manaksia Aluminium Company Limited
Responding to In-Lieu of Verification Questionnaire
Response,’’ dated November 27, 2020.
6 See Issues and Decision Memorandum at
Comment 2.
7 Id. at Comment 19.
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Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding 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
the 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 in the
Federal Register of the affirmative
Preliminary Determination, except for
those entries of subject merchandise
produced and exported by MALCO.
Because the estimated weighted-average
dumping margin for MALCO is zero, we
will not direct CBP to suspend
liquidation of entries of the subject
merchandise it produced and exported.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, we will instruct CBP to
require a cash deposit for such entries
of merchandise equal to the estimated
weighted-average dumping margin or
estimated all-others rate, as follows: (1)
The cash deposit rate for the
respondents listed above will be equal
to the company-specific estimated
weighted-average dumping 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 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
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instructions will remain in effect until
further notice.
Because the estimated weightedaverage dumping margin for MALCO is
zero, entries of shipments of subject
merchandise from this company will
not be subject to suspension of
liquidation or cash deposit
requirements. In such situations,
Commerce also applies the exclusion
from the provisional measures to the
producer/exporter combination that was
examined in the investigation.
Accordingly, Commerce will direct CBP
not to suspend liquidation of entries of
subject merchandise produced and
exported by MALCO. However, entries
of shipments of subject merchandise
from this company in any other
producer/exporter combination (i.e.,
where MALCO is either the producer or
the exporter, but not both), or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, will be
subject to suspension of liquidation at
the all-others rate.
Because the estimated weightedaverage dumping margin is zero 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
(AD) order. Such an inclusion will not
be applicable to merchandise exported
to the United States by this respondent
in any other producer/exporter
combination or by third parties that
sourced subject merchandise from the
excluded producer/exporter
combination.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
made an affirmative determination for
countervailable export subsidies (i.e.,
Advanced Authorization Program, Duty
Drawback Program, Export Promotion of
Capital Goods Scheme, Merchandise
Export from India Scheme, and ExportOriented Unit Scheme), Commerce has
offset the estimated weighted-average
dumping margins by the appropriate
CVD rate.8 In the companion CVD
investigation, we have found export
subsidies for all producers and
exporters of subject merchandise.
However, suspension of liquidation for
provisional measures in the companion
CVD case has been discontinued.
Therefore, we are not instructing CBP to
collect cash deposits based upon the
estimated the estimated weightedaverage dumping margins adjusted for
export subsidies at this time. Any such
adjusted cash deposit rate may be found
in the ‘‘Final Determination’’ section
above.
8 See Common Alloy Aluminum Sheet from India:
Preliminary Affirmative Countervailing Duty
Determination, Preliminary Negative Critical
Circumstances Determination, and Alignment of
Final Determination with Final Antidumping Duty
Determination, 85 FR 49631 (August 14, 2020), and
accompanying Preliminary Decision Memorandum.
Notification to Interested Parties
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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,
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.
This determination and this notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act, and 19 CFR 351.210(c).
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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,
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7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
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Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Hindalco’s Untimely
Extension Request
Comment 2: Whether Commerce Should
Continue to Apply Partial Adverse Facts
Available (AFA) to Hindalco
Comment 3: Whether Commerce Should
Deny Certain Price Adjustments for
Hindalco
Comment 4: Whether Commerce Should
Rely on FA for Hindalco’s ‘‘Deemed
Export’’ Sales
Comment 5: Whether Commerce Should
Rely on FA for Hindalco’s Home Market
Warehousing Expenses
Comment 6: Whether Commerce
Overstated the Affiliated Party
Adjustment
Comment 7: Whether MALCO’s Cost
Information is Usable
Comment 8: MALCO’s Missing Cost Data
for U.S. Control Numbers (CONNUMs)
Comment 9: Appropriate Differential
Pricing Methodology
Comment 10: Whether to Disallow Home
Market Quantity and Early Payment
Discounts
Comment 11: Whether Commerce Should
Apply the Highest U.S. Commission Rate
to All U.S. Sales
Comment 12: Whether to Disallow
MALCO’s Home Market Credit Expenses
Comment 13: Whether MALCO Has
Properly Reported Its Packing Costs
Comment 14: Whether MALCO’s Overall
Costs Should Be Adjusted for the Cost of
Home Market Returns
Comment 15: Whether MALCO’s Reported
Direct Materials Cost is Understated
Comment 16: Whether to Revise MALCO’s
General and Administrative (G&A)
Expenses Ratio to Include Missing
Expenses and to Correct the Cost of
Goods Sold
Comment 17: Whether to Revise MALCO’s
Interest Expense Ratio
Comment 18: Constructed Value (CV)
Profit
Comment 19: Selection of the All-Others
Rate
V. Recommendation
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–896]
Common Alloy Aluminum Sheet From
India: Final Affirmative Countervailing
Duty Determination and Final Negative
Critical Circumstances 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 India.
DATES: Applicable March 8, 2021
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Nathan James 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) 482–7425 or (202) 482–5305,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2020, Commerce
published the Preliminary
Determination in the Federal Register.1
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
determination of this CVD investigation
with the final determination in the
companion antidumping duty
investigation of aluminum sheet from
India.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, may be
found in the Issues and Decision
Memorandum.2 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
1 See Common Alloy Aluminum Sheet from India:
Preliminary Affirmative Countervailing Duty
Determination, Preliminary Negative Critical
Circumstances Determination, and Alignment of
Final Determination with Final Antidumping Duty
Determination, 85 FR 49631 (August 14, 2020)
(Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from India,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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13285
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/. 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
India. For a complete description of the
scope of this 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.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we addressed 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.
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.5
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
3 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of 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, ‘‘Countervailing Duty
Investigation of Common Alloy Aluminum Sheet
from India: In Lieu of Verification Questionnaire,’’
dated December 3, 2020.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13282-13285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04726]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-895]
Common Alloy Aluminum Sheet From India: 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 India are being,
or are 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: Jasun Moy or Nicolas Mayora, 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) 482-8194 or (202) 482-3053,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2020, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of
aluminum sheet from India, 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\
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\1\ See Common Alloy Aluminum Sheet from India: Preliminary
Affirmative Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 65377 (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 India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are aluminum sheet from
India. For a complete description of the scope of this investigation,
see Appendix I.
[[Page 13283]]
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.\3\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we addressed 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.
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\3\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of 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, ``Antidumping and Countervailing Duty
Investigations of 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 Final
Determinations,'' dated concurrently with, and hereby adopted by,
this notice (Final Scope Decision Memorandum).
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Analysis of Comments Received
All the 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 as 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/.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
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 an 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\
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\5\ See Commerce's Letter, ``Request for Documentation,'' dated
November 17, 2020; see also Commerce's Letter, ``Request for
Documentation,'' dated November 17, 2020; see also Hindalco's
Letter, ``Common Alloy Aluminum Sheet from India: Hindalco
Industries Limited's Response to Request for Documentation,'' dated
November 25, 2020; and MALCO's Letter, ``Common Alloy Aluminium
Sheet from India: Manaksia Aluminium Company Limited Responding to
In-Lieu of Verification Questionnaire Response,'' dated November 27,
2020.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings
related to our request for information in lieu of verification, we made
certain changes to the margin calculations for Manaksia Aluminum
Company Limited (MALCO). For a discussion of these changes, see the
``Margin Calculations'' section of the Issues and Decision Memorandum.
Use of Adverse Facts Available
One of the respondents, Hindalco Industries Limited (Hindalco),
failed to submit a timely response to Commerce's supplemental section A
questionnaire and did not timely file an extension request. Therefore,
in the Preliminary Determination, pursuant to sections 776(a) and (b)
of the Act, Commerce assigned Hindalco a rate based on partial adverse
facts available (AFA). As discussed in the Issues and Decision
Memorandum, we continue to find that the application of partial AFA
pursuant to sections 776(a) and (b) of the Act is warranted with
respect to Hindalco.\6\
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\6\ See Issues and Decision Memorandum at Comment 2.
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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 has determined that the estimated weighted-average
dumping margin for MALCO is zero. Therefore, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available is the
rate calculated for Hindalco. Consequently, the rate calculated for
Hindalco is also assigned as the rate for all other producers and
exporters.\7\
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\7\ Id. at Comment 19.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate
average (adjusted for
Exporter/ producer dumping subsidy
margin offsets)
(percent) (percent)
------------------------------------------------------------------------
Hindalco Industries Limited................. 47.92 44.64
Manaksia Aluminium Company Limited.......... 0.00 0.00
All Others.................................. 47.92 44.64
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding 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 the 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 in the Federal Register of the affirmative
Preliminary Determination, except for those entries of subject
merchandise produced and exported by MALCO. Because the estimated
weighted-average dumping margin for MALCO is zero, we will not direct
CBP to suspend liquidation of entries of the subject merchandise it
produced and exported.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, we will instruct CBP to require a cash
deposit for such entries of merchandise equal to the estimated
weighted-average dumping margin or estimated all-others rate, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping 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 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
[[Page 13284]]
instructions will remain in effect until further notice.
Because the estimated weighted-average dumping margin for MALCO is
zero, entries of shipments of subject merchandise from this company
will not be subject to suspension of liquidation or cash deposit
requirements. In such situations, Commerce also applies the exclusion
from the provisional measures to the producer/exporter combination that
was examined in the investigation. Accordingly, Commerce will direct
CBP not to suspend liquidation of entries of subject merchandise
produced and exported by MALCO. However, entries of shipments of
subject merchandise from this company in any other producer/exporter
combination (i.e., where MALCO is either the producer or the exporter,
but not both), or by third parties that sourced subject merchandise
from the excluded producer/exporter combination, will be subject to
suspension of liquidation at the all-others rate.
Because the estimated weighted-average dumping margin is zero 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 (AD)
order. Such an inclusion will not be applicable to merchandise exported
to the United States by this respondent in any other producer/exporter
combination or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce made an affirmative
determination for countervailable export subsidies (i.e., Advanced
Authorization Program, Duty Drawback Program, Export Promotion of
Capital Goods Scheme, Merchandise Export from India Scheme, and Export-
Oriented Unit Scheme), Commerce has offset the estimated weighted-
average dumping margins by the appropriate CVD rate.\8\ In the
companion CVD investigation, we have found export subsidies for all
producers and exporters of subject merchandise. However, suspension of
liquidation for provisional measures in the companion CVD case has been
discontinued. Therefore, we are not instructing CBP to collect cash
deposits based upon the estimated the estimated weighted-average
dumping margins adjusted for export subsidies at this time. Any such
adjusted cash deposit rate may be found in the ``Final Determination''
section above.
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\8\ See Common Alloy Aluminum Sheet from India: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 85 FR 49631
(August 14, 2020), and accompanying Preliminary Decision Memorandum.
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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, 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 in
accordance with 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,
[[Page 13285]]
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 Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Hindalco's Untimely Extension Request
Comment 2: Whether Commerce Should Continue to Apply Partial
Adverse Facts Available (AFA) to Hindalco
Comment 3: Whether Commerce Should Deny Certain Price
Adjustments for Hindalco
Comment 4: Whether Commerce Should Rely on FA for Hindalco's
``Deemed Export'' Sales
Comment 5: Whether Commerce Should Rely on FA for Hindalco's
Home Market Warehousing Expenses
Comment 6: Whether Commerce Overstated the Affiliated Party
Adjustment
Comment 7: Whether MALCO's Cost Information is Usable
Comment 8: MALCO's Missing Cost Data for U.S. Control Numbers
(CONNUMs)
Comment 9: Appropriate Differential Pricing Methodology
Comment 10: Whether to Disallow Home Market Quantity and Early
Payment Discounts
Comment 11: Whether Commerce Should Apply the Highest U.S.
Commission Rate to All U.S. Sales
Comment 12: Whether to Disallow MALCO's Home Market Credit
Expenses
Comment 13: Whether MALCO Has Properly Reported Its Packing
Costs
Comment 14: Whether MALCO's Overall Costs Should Be Adjusted for
the Cost of Home Market Returns
Comment 15: Whether MALCO's Reported Direct Materials Cost is
Understated
Comment 16: Whether to Revise MALCO's General and Administrative
(G&A) Expenses Ratio to Include Missing Expenses and to Correct the
Cost of Goods Sold
Comment 17: Whether to Revise MALCO's Interest Expense Ratio
Comment 18: Constructed Value (CV) Profit
Comment 19: Selection of the All-Others Rate
V. Recommendation
[FR Doc. 2021-04726 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
