Common Alloy Aluminum Sheet From Croatia: Final Affirmative Determination of Sales at Less Than Fair Value, 13312-13314 [2021-04729]
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
review from ICL Performance Products
LP and Prayon, Inc. (collectively,
Domestic Industry), within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
The members of the Domestic Industry
claimed interested party status under
section 771(9)(C) of the Act as producers
of the domestic like product in the
United States. On December 3, 2020,
Commerce received a substantive
response from the Domestic Industry
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 Commerce
received no substantive responses from
respondent interested parties, nor was a
hearing requested. On December 23,
2020, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Order
The products covered by the Order
include anhydrous Dipotassium
Phosphate (DKP) and Tetrapotassium
Pyrophosphate (TKPP), whether
anhydrous or in solution (collectively
‘‘phosphate salts’’).
TKPP, also known as normal
potassium pyrophosphate,
Diphosphoric acid or Tetrapotassium
salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
TKPP is 7320–34–5. TKPP is typically
18.7 percent phosphorus and 47.3
percent potassium. It is generally greater
than or equal to 43.0 percent P2O5
content. TKPP is classified under
subheading 2835.39.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS).
DKP, also known as Dipotassium salt,
Dipotassium hydrogen orthophosphate
or Potassium phosphate, dibasic, has a
chemical formula of K2HPO4. The CAS
registry number for DKP is 7758–11–4.
DKP is typically 17.8 percent
phosphorus, 44.8 percent potassium and
40 percent P2O5 content. DKP is
classified under subheading
2835.24.0000 HTSUS.
The products covered by the Order
include the foregoing phosphate salts in
jbell on DSKJLSW7X2PROD with NOTICES
3 See
Domestic Industry’s Letter, ‘‘Potassium
Phosphate Salts from the People’s Republic of
China: Notice of Intent to Participate,’’ dated
November 18, 2020.
4 See Domestic Industry’s Letter, ‘‘Potassium
Phosphate Salts from the People’s Republic of
China: Substantive Response to Notice of Initiation
of Five-Year (Sunset) Review of the Antidumping
Duty Order and Countervailing Duty Order,’’ dated
December 3, 2020.
5 See Commerce’s Letter, ‘‘Sunset Reviews for
November 2020,’’ dated December 23, 2020.
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all grades, whether food grade or
technical grade. The products covered
by the Order also include anhydrous
DKP without regard to the physical
form, whether crushed, granule, powder
or fines. Also covered are all forms of
TKPP, whether crushed, granule,
powder, fines or solution.
For purposes of the Order, the
narrative description is dispositive, and
not the tariff heading, American
Chemical Society, CAS registry number
or CAS name, or the specific percentage
chemical composition identified above.
Analysis of Commerce Received
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the Order
were revoked, are addressed in the
accompanying Issues and Decision
Memorandum.6 A list of topics
discussed in the Issues and Decision
Memorandum is included 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 directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic version of
the Issues and Decision Memorandum
are identical in content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the
antidumping duty order on salts from
China would likely lead to continuation
or recurrence of dumping and that the
magnitude of the margins is up to 95.40
percent.7
Administrative Protective Order (APO)
This notice serves as the only
reminder to interested parties subject to
an 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
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Review of the Antidumping Duty
Order on Certain Potassium Phosphate Salts from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 See Issues and Decision Memorandum
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or 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
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act and 19 CFR 351.218.
Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed 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 Margins Likely to
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021–04766 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–891–001]
Common Alloy Aluminum Sheet From
Croatia: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from Croatia 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:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
Background
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of aluminum
sheet from Croatia, 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
Croatia. 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 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.
jbell on DSKJLSW7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
1 See Common Alloy Aluminum Sheet from
Croatia: Preliminary Affirmative Determination of
Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
65384 (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 Croatia,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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).
VerDate Sep<11>2014
19:05 Mar 05, 2021
Jkt 253001
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. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
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 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
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 on-site verification, we made one
change to the margin calculation for
Impol d.o.o. and Impol-TLM d.o.o.,
(collectively, Impol), the only
mandatory respondent in this
investigation. For a discussion of this
change, 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
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 Impol, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
5 See
Commerce’s Letter, ‘‘In Lieu of Verification
Supplemental,’’ dated December 9, 2020; see also
Impol’s Letter, ‘‘Response to In Lieu of Verification
Questionnaire,’’ dated December 17, 2020.
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13313
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Impol 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:
Exporter/producer
Impol d.o.o./Impol-TLM d.o.o.6 ...
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
3.19
3.19
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
liquidation of all appropriate entries of
aluminum sheet from Croatia, as
described in Appendix I of this notice,
which are 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. 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
6 The final rate calculated for Impol in this
investigation applies to subject merchandise
produced by Impol-TLM d.o.o. and exported by
either Impol-TLM d.o.o. (Croatia) or Impol d.o.o.
(Slovenia).
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
estimated weighted-average dumping
margin. These suspension-of-liquidation
instructions will remain in effect until
further notice.
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 antidumping duty (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.
jbell on DSKJLSW7X2PROD with NOTICES
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
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Jkt 253001
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.
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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: Duty Drawback Adjustment
Comment 2: Whether to Apply Partial
Adverse Facts Available to Impol’s
Reported Yield Loss and NonRecoverable Scrap Cost
Comment 3: Calculation of Impol d.o.o.’s
General and Administrative Expenses
V. Recommendation
[FR Doc. 2021–04729 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–963]
Certain Potassium Phosphate Salts
From the People’s Republic of China:
Final Results of the Expedited Second
Five-Year Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this second
sunset review, the Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on certain potassium
phosphate salts (phosphate salts) from
the People’s Republic of China (China)
would be likely to lead to continuation
or recurrence of countervailable
subsidies at the levels indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 22, 2010, Commerce
published its CVD order on phosphate
salts from China in the Federal
Register.1 On November 3, 2020,
Commerce published the notice of
initiation of the second sunset review of
the Order, pursuant to section 751(c) of
1 See Certain Potassium Phosphate Salts from the
People’s Republic of China: Countervailing Duty
Order, 75 FR 42682 (July 22, 2010) (Order).
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]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13312-13314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04729]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-891-001]
Common Alloy Aluminum Sheet From Croatia: 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 Croatia 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: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
[[Page 13313]]
Background
On October 15, 2020, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
aluminum sheet from Croatia, 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 Croatia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 85 FR 65384 (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 Croatia,'' 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
Croatia. 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 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. 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\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``In Lieu of Verification
Supplemental,'' dated December 9, 2020; see also Impol's Letter,
``Response to In Lieu of Verification Questionnaire,'' dated
December 17, 2020.
---------------------------------------------------------------------------
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 on-site verification,
we made one change to the margin calculation for Impol d.o.o. and
Impol-TLM d.o.o., (collectively, Impol), the only mandatory respondent
in this investigation. For a discussion of this change, 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 Impol, 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 Impol 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)
------------------------------------------------------------------------
Impol d.o.o./Impol-TLM d.o.o.\6\............................ 3.19
All Others.................................................. 3.19
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ The final rate calculated for Impol in this investigation
applies to subject merchandise produced by Impol-TLM d.o.o. and
exported by either Impol-TLM d.o.o. (Croatia) or Impol d.o.o.
(Slovenia).
---------------------------------------------------------------------------
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 liquidation of all appropriate entries of aluminum sheet from
Croatia, as described in Appendix I of this notice, which are 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. 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
[[Page 13314]]
estimated weighted-average dumping margin. These suspension-of-
liquidation instructions will remain in effect until further notice.
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 antidumping duty (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
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: Duty Drawback Adjustment
Comment 2: Whether to Apply Partial Adverse Facts Available to
Impol's Reported Yield Loss and Non-Recoverable Scrap Cost
Comment 3: Calculation of Impol d.o.o.'s General and
Administrative Expenses
V. Recommendation
[FR Doc. 2021-04729 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
