Common Alloy Aluminum Sheet From Egypt: Final Determination of Sales at Less Than Fair Value, 13324-13326 [2021-04730]
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13324
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
V. Changes Made Since the Preliminary
Results
VI. Analysis of Comments
Comment 1: Whether Commerce Should
Reallocate Certain Common Expenses
From General & Administrative (G&A)
Expenses
Comment 2: Whether Commerce Should
Reallocate Daejin’s Credit Card Expenses
Completely to G&A Expenses
Comment 3: Whether Commerce Should
Adjust Differential Pricing
Comment 4: Whether Daejin’s Interest
Expense Offset for Interest Revenue
Should Be Denied
Comment 5: Whether Commerce Should
Correct the Currency for Commissions
Comment 6: Whether Commerce Should
Correct the Spelling of Kowire in Draft
Liquidation Instructions
VII. Recommendation
[FR Doc. 2021–04715 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–729–803]
Common Alloy Aluminum Sheet From
Egypt: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from Egypt 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:
Magd Zalok AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
jbell on DSKJLSW7X2PROD with NOTICES
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination,
and postponement of the final
determination, in the LTFV
investigation of aluminum sheet from
Egypt.1 Commerce invited interested
1 See Common Alloy Aluminum Sheet From
Egypt: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65382 (October 15, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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19:05 Mar 05, 2021
Jkt 253001
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
Egypt. 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.
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 sections of
the Issues and Decision Memorandum
are in Appendix II of 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
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 Egypt,’’ 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, Republic
of 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).
PO 00000
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Fmt 4703
Sfmt 4703
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 an
on-site verification of the information
relied upon in making its final
determination in this investigation as
provided for in section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Accordingly, we took additional steps in
lieu of on-site verification and requested
additional documentation and
information after issuing the
Preliminary Determination.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 our dumping margin
calculations. For a discussion of these
changes, see the ‘‘Changes Since the
Preliminary Determination’’ section of
the Issues and Decision Memorandum.
Use of Adverse Facts Available
Commerce determined certain
movement expenses for EgyptalumEgypt Copper based on adverse facts
available pursuant to sections 776(a)
and (b) of the Act.6 For a full description
of the methodology underlying the final
determination, see 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 Egyptalum-Egypt
Copper, the only exporter/producer
5 See Commerce’s Letter to Aluminium Co. of
Egypt (Egyptalum) and Egyptian Copper Works
(Egypt Copper), (collectively, Egyptalum-Egypt
Copper), dated November 6, 2020; see also
Egyptalum-Egypt Copper’s Letter, ‘‘Common Alloy
Aluminum Sheet from Egypt: Remote Verification
Questionnaire Response,’’ dated November 16,
2020.
6 Commerce determined that Egyptalum and
Egypt Copper are a single entity. See Memorandum,
‘‘Antidumping Duty Investigation of Common Alloy
Aluminum Sheet from Egypt: Aluminium Company
of Egypt (Egyptalum) Preliminary Affiliation and
Collapsing Memorandum,’’ dated October 6, 2020;
see also Preliminary Determination PDM).
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
individually examined in this
investigation. Because Egyptalum-Egypt
Copper’s dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, we assigned the
estimated weighted-average dumping
margin calculated for Egyptalum-Egypt
Copper to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
respondent-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin listed in the table above. These
suspension-of-liquidation instructions
will remain in effect until further notice.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
Exporter/producer
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Aluminium Co. of Egypt
Act, the ITC will make its final
(Egyptalum)/Egyptian Copper
7
Works Company .....................
12.11 determination as to whether the
All Others ....................................
12.11 domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
Disclosure
sales (or the likelihood of sales) for
In accordance with 19 CFR
importation of aluminum sheet no later
351.224(b), within five days of the date
than 45 days after this final
of publication of this notice in the
determination. If the ITC determines
Federal Register, we intend to disclose
that such injury does not exist, this
to parties in this proceeding the
proceeding will be terminated, all cash
calculations performed in this final
deposits posted will be refunded, and
determination.
suspension of liquidation will be lifted.
Continuation of Suspension of
If the ITC determines that such injury
Liquidation
does exist, Commerce will issue an
antidumping duty order directing CBP
In accordance with section
to assess, upon further instruction by
735(c)(1)(B) of the Act, Commerce will
Commerce, antidumping duties on all
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend imports of the subject merchandise
entered, or withdrawn from warehouse,
liquidation of all appropriate entries of
for consumption on or after the effective
aluminum sheet from Egypt, as
date of the suspension of liquidation, as
described in Appendix I of this notice,
which were entered, or withdrawn from discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
warehouse, for consumption on or after
October 15, 2020, the date of
Notification Regarding Administrative
publication in the Federal Register of
Protective Orders
the affirmative Preliminary
Determination.
This notice will serve as a final
Pursuant to section 735(c)(1)(B)(ii) of
reminder to the parties subject to
the Act and 19 CFR 351.210(d), we will
administrative protective order (APO) of
instruct CBP to require a cash deposit
their responsibility concerning the
for such entries of merchandise equal to
disposition of proprietary information
the following: (1) The cash deposit rate
disclosed under APO in accordance
for the respondent listed in the table
with 19 CFR 351.305(a)(3). Timely
above will be equal to the respondentwritten notification of return or
specific estimated weighted-average
destruction of APO materials or
dumping margin listed for the
conversion to judicial protective order is
respondent in the table; (2) if the
hereby requested. Failure to comply
exporter is not identified in the table
above but the producer is, then the cash with the regulations and the terms of an
APO is a sanctionable violation.
deposit rate will be equal to the
jbell on DSKJLSW7X2PROD with NOTICES
Estimated
weightedaverage
dumping
margin
(percent)
Notification to Interested Parties
7 See
Memorandum, ‘‘Antidumping Duty
Investigation of Common Alloy Aluminum Sheet
From Egypt: Final Determination Margin
Calculation for Egyptalum-Egypt Copper,’’ dated
concurrently with, and hereby adopted by, this
notice.
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19:05 Mar 05, 2021
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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).
PO 00000
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13325
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,
E:\FR\FM\08MRN1.SGM
08MRN1
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
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.
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
Appendix II—List of Sections in the
Issues and Decision Memorandum
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: International Freight Expenses
(INTNFRU)
Comment 2: Freight Revenue Cap
(FREIGHTREVH)
Comment 3: Inland Freight to The Port of
Exportation (DINLFTPU)
Comment 4: U.S. Credit Expenses
Comment 5: Interest Expense Ratio
V. Recommendation
[FR Doc. 2021–04730 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–842]
Common Alloy Aluminum Sheet From
Turkey: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that common
alloy aluminum sheet (aluminum sheet)
from Turkey is being, or is likely to be,
sold in the United States at less than fair
value (LTFV) for the period of
investigation (POI) January 1, 2019,
through December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, 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) 482–3964.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of aluminum
sheet from Turkey, and postponed the
final determination until March 1,
2021.1 We invited interested parties to
1 See Common Alloy Aluminum Sheet from
Turkey: Preliminary Affirmative Determination of
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19:05 Mar 05, 2021
Jkt 253001
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.
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
Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 85 FR 65346
(October 15, 2020) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
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 Turkey, and Final Negative Determination of
Critical Circumstances,’’ dated concurrently with,
and herby 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 herby adopted by, this notice (Final Scope
Decision Memorandum).
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
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 verification, we made certain
changes to the margin calculations. For
a discussion of these changes, see the
‘‘Changes from the Preliminary
Determination’’ section of the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated 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. Pursuant to section
735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
For this final determination,
Commerce calculated individual
estimated weighted-average dumping
5 See Commerce’s Letter, ‘‘In Lieu of Verification
Supplemental,’’ dated December 1, 2020; see also
Teknik’s Letter, ‘‘Teknik Aluminyum Sanayi A.S.’s
Response to the Questionnaire in Lieu of
Verification,’’ dated December 9, 2020; Commerce’s
Letter, ‘‘In Lieu of Verification Supplemental,’’
dated December 10, 2020; and, Assan’s Letter,
‘‘Response to Request for Documents in Lieu of
Verification,’’ dated December 18, 2020.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13324-13326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04730]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-729-803]
Common Alloy Aluminum Sheet From Egypt: Final 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 Egypt 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: Magd Zalok AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2020, Commerce published in the Federal Register its
preliminary affirmative determination, and postponement of the final
determination, in the LTFV investigation of aluminum sheet from
Egypt.\1\ Commerce 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 Egypt: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 65382 (October 15, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\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 Egypt,'' 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
Egypt. 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,
Republic of 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 sections of the Issues and
Decision Memorandum are in Appendix II of 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 electronic versions
of the Issues and Decision Memorandum are identical in content.
Verification
Commerce was unable to conduct an on-site verification of the
information relied upon in making its final determination in this
investigation as provided for in section 782(i) of the Tariff Act of
1930, as amended (the Act). Accordingly, we took additional steps in
lieu of on-site verification and requested additional documentation and
information after issuing the Preliminary Determination.\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter to Aluminium Co. of Egypt (Egyptalum)
and Egyptian Copper Works (Egypt Copper), (collectively, Egyptalum-
Egypt Copper), dated November 6, 2020; see also Egyptalum-Egypt
Copper's Letter, ``Common Alloy Aluminum Sheet from Egypt: Remote
Verification Questionnaire Response,'' dated November 16, 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 verification, we made
certain changes to our dumping margin calculations. For a discussion of
these changes, see the ``Changes Since the Preliminary Determination''
section of the Issues and Decision Memorandum.
Use of Adverse Facts Available
Commerce determined certain movement expenses for Egyptalum-Egypt
Copper based on adverse facts available pursuant to sections 776(a) and
(b) of the Act.\6\ For a full description of the methodology underlying
the final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ Commerce determined that Egyptalum and Egypt Copper are a
single entity. See Memorandum, ``Antidumping Duty Investigation of
Common Alloy Aluminum Sheet from Egypt: Aluminium Company of Egypt
(Egyptalum) Preliminary Affiliation and Collapsing Memorandum,''
dated October 6, 2020; see also Preliminary Determination PDM).
---------------------------------------------------------------------------
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 Egyptalum-Egypt Copper, the only exporter/producer
[[Page 13325]]
individually examined in this investigation. Because Egyptalum-Egypt
Copper's dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, we assigned the estimated weighted-average
dumping margin calculated for Egyptalum-Egypt Copper 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)
------------------------------------------------------------------------
Aluminium Co. of Egypt (Egyptalum)/Egyptian Copper Works \7\ 12.11
Company....................................................
All Others.................................................. 12.11
------------------------------------------------------------------------
Disclosure
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\7\ See Memorandum, ``Antidumping Duty Investigation of Common
Alloy Aluminum Sheet From Egypt: Final Determination Margin
Calculation for Egyptalum-Egypt Copper,'' dated concurrently with,
and hereby adopted by, this notice.
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In accordance with 19 CFR 351.224(b), within five days of the date
of publication of this notice in the Federal Register, we intend to
disclose to parties in this proceeding the calculations performed in
this final determination.
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
Egypt, as described in Appendix I of this notice, which were 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 following: (1) The cash deposit
rate for the respondent listed in the table above will be equal to the
respondent-specific estimated weighted-average dumping margin listed
for the respondent in the table; (2) if the exporter is not identified
in the table above but the producer is, then the cash deposit rate will
be equal to the respondent-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin
listed in the table above. 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 this 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, 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 order directing CBP to assess, upon further
instruction by Commerce, antidumping 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,
[[Page 13326]]
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 Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: International Freight Expenses (INTNFRU)
Comment 2: Freight Revenue Cap (FREIGHTREVH)
Comment 3: Inland Freight to The Port of Exportation (DINLFTPU)
Comment 4: U.S. Credit Expenses
Comment 5: Interest Expense Ratio
V. Recommendation
[FR Doc. 2021-04730 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
