Common Alloy Aluminum Sheet From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part, 13315-13318 [2021-04733]
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
the Tariff Act of 1930, as amended (the
Act).2 Commerce received a notice of
intent to participate from ILC
Performance Products LP (ILC) and
Prayon, Inc. (Prayon) (collectively,
domestic interested parties), within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 ILC and Prayon
claimed interested party status under
section 771(9)(C) of the Act, as both are
producers of the domestic like product
in the United States.
Commerce received a substantive
response from the domestic interested
parties 4 within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive response from
any other domestic or interested parties
in this proceeding, nor was a hearing
requested.
On December 23, 2020, Commerce
notified the U.S. International Trade
Commission (ITC) 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
jbell on DSKJLSW7X2PROD with NOTICES
The merchandise covered by the
scope of the Order is phosphate salts.
Imports of merchandise included within
the scope of the Order are currently
classifiable under subheadings
2835.24.0000 and 2835.39.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by the scope of the Order is
dispositive. For a complete description
of the scope of the Order, see the
accompanying Issues and Decision
Memorandum.6
2 See Initiation of Five-Year (Sunset) Reviews, 85
FR 69585 (November 3, 2020).
3 See Domestic Interested Parties’ Letter,
‘‘Potassium Phosphate Salts from the People’s
Republic of China: Notice of Intent to Participate,’’
dated November 18, 2020.
4 See Domestic Interested Parties’ Letter,
‘‘Potassium Phosphate Salts from the People’s
Republic of China: Substantive Response to the
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.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Review of the Countervailing 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).
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Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. 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 the 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
on the internet at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the CVD order on
phosphate salts from China would be
likely to lead to continuation or
recurrence of countervailable subsidies
at the following rates:
Manufacturers/producers/
exporters
Net
countervailable
subsidy
(percent)
Lianyungang Mupro Import
Export Co Ltd. ...................
Mianyang Aostar Phosphate
Chemical Industry Co. Ltd.
Shifang Anda Chemicals Co.
Ltd. ....................................
All Others ..............................
109.11
109.11
109.11
109.11
Administrative Protective Order (APO)
This notice also serves as the only
reminder to 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 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 the
final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act, and 19 CFR
351.218.
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13315
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. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2021–04767 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–840]
Common Alloy Aluminum Sheet From
the Republic of Turkey: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances, in Part
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
common alloy aluminum sheet
(aluminum sheet) from the Republic of
Turkey (Turkey).
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, 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) 482–3586.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On August 14, 2020, Commerce
published the Preliminary
Determination in the Federal Register.1
In addition to the Government of Turkey
(GOT), the mandatory respondents in
this investigation are Assan Aluminyum
1 See Common Alloy Aluminum Sheet from the
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Determination of Critical Circumstances
in Part, and Alignment of Final Determination with
Final Antidumping Duty Determination, 85 FR
49629 (August 14, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
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Sanayi ve Ticaret A. S. (Assan) and
Teknik Aluminyum Sanayi A.S.
(Teknik). In the Preliminary
Determination, and in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4), Commerce aligned the
final countervailable duty (CVD)
determination with the final
antidumping duty determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, may be
found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
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 (POI) is
January 1, 2019, through December 31,
2019.
Scope of the Investigation
The product covered by this
investigation is aluminum sheet from
Turkey. For a full description of the
scope of the investigation, see Appendix
I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.4 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.5
2 Id.,
85 FR at 49629.
Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and 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
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
5 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea,
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3 See
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Commerce is not modifying the scope
language as it appeared in the
Preliminary Scope Decision
Memorandum. See Appendix I for the
final scope of the investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act.6
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
Appendix II of this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying this final determination, see
the Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances, in Part
In accordance with section
703(e)(1)(B) of the Act, Commerce
preliminarily determined that critical
circumstances existed with respect to
imports of aluminum sheet from Turkey
for Assan, but did not exist with respect
to Teknik or for all other exporters or
Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Final
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Decision Memorandum).
6 See Commerce’s Letter, ‘‘Countervailing Duty
Investigation of Common Alloy Aluminum Sheet
from Turkey: In Lieu of Verification
Questionnaire,’’ dated January 14, 2021; see also
Assan’s Letter, ‘‘Common Alloy Aluminum Sheet
from Turkey: Response to Questions in Lieu of
Verification,’’ dated January 22, 2021; and Teknik’s
Letter, ‘‘Common Alloy Aluminum Sheet from
Turkey: Teknik Aluminyum Sanayi A.S.’s Response
to the Questionnaire in Lieu of Verification,’’ dated
January 22, 2021.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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producers not individually examined.8
We have further analyzed the data
following the Preliminary
Determination, and we have made no
modifications to our findings for the
final determination.
Accordingly, pursuant to section
705(a)(2) of the Act, we continue to find
that critical circumstances exist with
respect to imports of aluminum sheet
from Turkey with respect to Assan. We
continue to find, as we did in the
Preliminary Determination, that critical
circumstances do not exist with respect
to imports of aluminum sheet from
Turkey with respect to Teknik and for
all other producers or exporters not
individually examined. For a full
description of the methodology and
results of Commerce’s analysis, see the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the record
and the comments received, we have
made certain changes to the
countervailable subsidy rate
calculations. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
rates that are zero, de minimis, or based
entirely under section 776 of the Act.
In this investigation, Commerce
calculated an individual estimated
countervailable subsidy rate for Assan
and for Teknik. Sections
705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
Act direct Commerce to calculate and
estimated ‘‘all-others’’ rate for exporters
and producers not individually
investigated. Section 705(c)(5)(A)(i) of
the Act provides that the ‘‘all-others’’
rate shall be an amount equal to the
weighted-average of the countervailable
subsidy rates established for
individually investigated exporters and
producers, excluding any rates that are
zero, de minimis, or determined entirely
under section 776 of the Act. Because
we determine that the sales information
submitted by respondent Teknik is
unreliable,9 as a result, we find that
complete and publicly-available sales
8 See
Preliminary Determination, 85 FR at 49630.
Issues and Decision Memorandum at
Comment 1.
9 See
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
suspend such entries on after May 16,
2020, which is 90 days prior to the date
of the publication of the Preliminary
Determination in the Federal Register.
Because we preliminarily found a de
minimis subsidy rate for Teknik, we
instructed CBP to not suspend
liquidation of entries of the
merchandise produced by Teknik and
Final Determination
exported by either Teknik or by TAC
We determine the countervailable
Metal. In accordance with section
subsidy rates to be:
703(d) of the Act, effective December 12,
2020, we instructed CBP to discontinue
Subsidy
the suspension of liquidation of all
Producer/exporter
rate
entries, but to continue the suspension
(percent)
of liquidation for all entries of subject
merchandise between August 14
Assan Aluminyum Sanayi ve
Ticaret A.S.11 ..........................
2.56 through December 11, 2020.
If the U.S. International Trade
Teknik Aluminyum Sanayi A.S.12
4.34
All Others ....................................
3.45 Commission (ITC) issues a final
affirmative injury determination, we
Disclosure
will issue a CVD order and will reinstate
We intend to disclose the calculations the suspension of liquidation under
performed in this final determination to section 706(a) of the Act and will
interested parties within five days of the require a cash deposit of estimated
countervailable duties for such entries
public announcement or, if there is no
of subject merchandise in the amounts
public announcement, within five days
indicated above. If the ITC determines
of the date of the publication of this
that material injury, or threat of material
notice in the Federal Register, in
injury, does not exist, this proceeding
accordance with 19 CFR 351.224(b).
will be terminated, and all case deposits
Continuation of Suspension of
will be refunded or cancelled.
Liquidation
ITC Notification
As a result our Preliminary
In accordance with section 705(d) of
Determination, and pursuant to section
the Act, we intend to notify the ITC of
703(d)(1)(B) and (d)(2) of the Act, we
our determination. Because the final
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation determination in this proceeding is
affirmative, in accordance with section
of aluminum sheet from Turkey, that
705(b) of the Act, the ITC will make its
were entered, or withdrawn from
final determination as to whether the
warehouse, for consumption on or after
domestic injury in the United States is
August 14, 2020, which is the date of
materially injured, or threatened with
publication of the Preliminary
material injury, by reason of imports of
Determination in the Federal Register.
aluminum sheet from Turkey no later
Because we preliminarily determined
than 45 days after our final
that critical circumstances existed with
determination. In addition, we are
respect to Assan, we instructed CBP to
making available to the ITC all nonprivileged and non-proprietary
10 It is Commerce’s practice to calculate a rate for
information related to this investigation.
‘‘all others’’ by weight-averaging the calculated
subsidy rates of the respondent companies using
We will allow the ITC access to all
their publicly-available sales data for exports of
privileged and business proprietary
subject merchandise to the United States during the
information in our files, provided the
POI. See, e.g., Countervailing Duty Investigation of
ITC confirms that it will not disclose
Certain New Pneumatic Off-the-Road Tires from
India: Final Affirmative Determination, and Final
such information, either publicly or
Affirmative Critical Circumstances Determination,
under an administrative protective order
in Part, 82 FR 2946 (January 10, 2017). However,
(APO) without the written consent of
in certain instances, Commerce may calculate the
the Assistant Secretary for Enforcement
rate for ‘‘all others’’ by using a simple average of
the subsidy rates of the companies under
and Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
data for Teknik is not available.
Therefore, instead of calculating a rate
equal to the weighted average of the
countervailable subsidy rates calculated
for Assan and Teknik, for this final
determination, we are using the simple
average of Assan’s and Teknik’s subsidy
rates as the rate for ‘‘all others.’’ 10
examination when it finds that sales data is not
available. See Certain Corrosion Inhibitors from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 86 FR 7537
(January 29, 2021).
11 Commerce has found Kibar Dis Ticaret A.S. and
Kibar Holding to be cross-owned with Assan
Aluminyum Sanayi ve Ticaret A.S., pursuant to 19
CFR 351.525(b)(6)(vi).
12 Commerce has found TAC Metal Ticaret A.S.
to be cross-owned with Teknik Aluminyum Sanayi
A.S., pursuant to 19 CFR 351.525(b)(6)(vi).
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Notification Regarding APO
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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13317
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an
H–19, H–41, H–48, H–39, or H–391 temper.
In addition, aluminum can stock has a
lubricant applied to the flat surfaces of the
can stock to facilitate its movement through
machines used in the manufacture of
beverage cans. Aluminum can stock is
properly classified under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
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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. Final Determination of Critical
Circumstances
IV. Use of Adverse Facts Available
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether to Determine That
Teknik Failed to Comply with
Verification Requests and Apply Facts
Available with Adverse Inferences
Comment 2: Whether the Value-Added Tax
(VAT) Exemption on Assan’s Acquisition
of the Operating Rights for a
Hydroelectric Power Plant is a
Countervailable Subsidy
Comment 3: The Provision of Land for Less
Than Adequate Remuneration (LTAR)
Comment 4: Whether to Revise Certain of
Assan’s Sales Denominators
Comment 5: Whether Commerce Should
Deduct Commissions Paid by Assan
Regarding the Rediscount Loan Program
and the Export-Oriented Working Capital
Credit Program
Comment 6: Whether Commerce Should
Correct Certain Calculation Errors
Regarding Assan
VIII. Recommendation
[FR Doc. 2021–04733 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
jbell on DSKJLSW7X2PROD with NOTICES
Common Alloy Aluminum Sheet From
Germany: 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 Germany are
AGENCY:
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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:
Thomas Hanna or Jonathan Hill, 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) 482–0835 or (202) 482–3518,
respectively.
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
Germany.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
Scope of the Investigation
The products covered by this
investigation are common alloy
aluminum sheet from Germany. 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
1 See Common Alloy Aluminum Sheet from
Germany: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65386 (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 Germany,’’ 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).
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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 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, in lieu of on-site
verification, we requested additional
supporting documentation and
information after issuing the
Preliminary Determination.5
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made a change
to our margin calculations for Novelis
Deutschland GmbH (Novelis). For a
discussion of this change, see the
‘‘Changes Since the Preliminary
Determination’’ section of the Issues and
Decision Memorandum.
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that the mandatory
respondent, Hydro Aluminium Rolled
Products GmbH (HARP), failed to
comply with Commerce’s request for
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, dated November 9,
2020.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13315-13318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04733]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-840]
Common Alloy Aluminum Sheet From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Determination of Critical Circumstances, in Part
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 the Republic of
Turkey (Turkey).
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2020, Commerce published the Preliminary
Determination in the Federal Register.\1\ In addition to the Government
of Turkey (GOT), the mandatory respondents in this investigation are
Assan Aluminyum
[[Page 13316]]
Sanayi ve Ticaret A. S. (Assan) and Teknik Aluminyum Sanayi A.S.
(Teknik). In the Preliminary Determination, and in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.210(b)(4), Commerce aligned the final countervailable duty
(CVD) determination with the final antidumping duty determination.\2\
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\1\ See Common Alloy Aluminum Sheet from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances in
Part, and Alignment of Final Determination with Final Antidumping
Duty Determination, 85 FR 49629 (August 14, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ Id., 85 FR at 49629.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, may be found in the Issues and Decision
Memorandum.\3\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Common Alloy Aluminum Sheet from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Period of Investigation
The period of investigation (POI) is January 1, 2019, through
December 31, 2019.
Scope of the Investigation
The product covered by this investigation is aluminum sheet from
Turkey. For a full description of the scope of the investigation, see
Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\4\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum.\5\ Commerce is
not modifying the scope language as it appeared in the Preliminary
Scope Decision Memorandum. See Appendix I for the final scope of the
investigation.
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\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
Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
\5\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan,
and Turkey: Scope Comments Final Decision Memorandum,'' dated
concurrently with, and hereby adopted by, this notice (Final Scope
Decision Memorandum).
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Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\6\
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\6\ See Commerce's Letter, ``Countervailing Duty Investigation
of Common Alloy Aluminum Sheet from Turkey: In Lieu of Verification
Questionnaire,'' dated January 14, 2021; see also Assan's Letter,
``Common Alloy Aluminum Sheet from Turkey: Response to Questions in
Lieu of Verification,'' dated January 22, 2021; and Teknik's Letter,
``Common Alloy Aluminum Sheet from Turkey: Teknik Aluminyum Sanayi
A.S.'s Response to the Questionnaire in Lieu of Verification,''
dated January 22, 2021.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying this final determination, see the Issues
and Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 703(e)(1)(B) of the Act, Commerce
preliminarily determined that critical circumstances existed with
respect to imports of aluminum sheet from Turkey for Assan, but did not
exist with respect to Teknik or for all other exporters or producers
not individually examined.\8\ We have further analyzed the data
following the Preliminary Determination, and we have made no
modifications to our findings for the final determination.
Accordingly, pursuant to section 705(a)(2) of the Act, we continue
to find that critical circumstances exist with respect to imports of
aluminum sheet from Turkey with respect to Assan. We continue to find,
as we did in the Preliminary Determination, that critical circumstances
do not exist with respect to imports of aluminum sheet from Turkey with
respect to Teknik and for all other producers or exporters not
individually examined. For a full description of the methodology and
results of Commerce's analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 85 FR at 49630.
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Changes Since the Preliminary Determination
Based on our analysis of the record and the comments received, we
have made certain changes to the countervailable subsidy rate
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for Assan and for Teknik. Sections
705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act direct Commerce to
calculate and estimated ``all-others'' rate for exporters and producers
not individually investigated. Section 705(c)(5)(A)(i) of the Act
provides that the ``all-others'' rate shall be an amount equal to the
weighted-average of the countervailable subsidy rates established for
individually investigated exporters and producers, excluding any rates
that are zero, de minimis, or determined entirely under section 776 of
the Act. Because we determine that the sales information submitted by
respondent Teknik is unreliable,\9\ as a result, we find that complete
and publicly-available sales
[[Page 13317]]
data for Teknik is not available. Therefore, instead of calculating a
rate equal to the weighted average of the countervailable subsidy rates
calculated for Assan and Teknik, for this final determination, we are
using the simple average of Assan's and Teknik's subsidy rates as the
rate for ``all others.'' \10\
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\9\ See Issues and Decision Memorandum at Comment 1.
\10\ It is Commerce's practice to calculate a rate for ``all
others'' by weight-averaging the calculated subsidy rates of the
respondent companies using their publicly-available sales data for
exports of subject merchandise to the United States during the POI.
See, e.g., Countervailing Duty Investigation of Certain New
Pneumatic Off-the-Road Tires from India: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 2946 (January 10, 2017). However, in
certain instances, Commerce may calculate the rate for ``all
others'' by using a simple average of the subsidy rates of the
companies under examination when it finds that sales data is not
available. See Certain Corrosion Inhibitors from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 86 FR 7537 (January 29, 2021).
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Final Determination
We determine the countervailable subsidy rates to be:
---------------------------------------------------------------------------
\11\ Commerce has found Kibar Dis Ticaret A.S. and Kibar Holding
to be cross-owned with Assan Aluminyum Sanayi ve Ticaret A.S.,
pursuant to 19 CFR 351.525(b)(6)(vi).
\12\ Commerce has found TAC Metal Ticaret A.S. to be cross-owned
with Teknik Aluminyum Sanayi A.S., pursuant to 19 CFR
351.525(b)(6)(vi).
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\11\.................. 2.56
Teknik Aluminyum Sanayi A.S.\12\............................ 4.34
All Others.................................................. 3.45
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Disclosure
We intend to disclose the calculations performed in this final
determination to interested parties within five days of the public
announcement or, if there is no public announcement, within five days
of the date of the publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result our Preliminary Determination, and pursuant to section
703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and
Border Protection (CBP) to suspend liquidation of aluminum sheet from
Turkey, that were entered, or withdrawn from warehouse, for consumption
on or after August 14, 2020, which is the date of publication of the
Preliminary Determination in the Federal Register. Because we
preliminarily determined that critical circumstances existed with
respect to Assan, we instructed CBP to suspend such entries on after
May 16, 2020, which is 90 days prior to the date of the publication of
the Preliminary Determination in the Federal Register. Because we
preliminarily found a de minimis subsidy rate for Teknik, we instructed
CBP to not suspend liquidation of entries of the merchandise produced
by Teknik and exported by either Teknik or by TAC Metal. In accordance
with section 703(d) of the Act, effective December 12, 2020, we
instructed CBP to discontinue the suspension of liquidation of all
entries, but to continue the suspension of liquidation for all entries
of subject merchandise between August 14 through December 11, 2020.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated countervailable duties for
such entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all case
deposits will be refunded or cancelled.
ITC Notification
In accordance with section 705(d) of the Act, we intend to notify
the ITC of our determination. Because the final determination in this
proceeding is affirmative, in accordance with section 705(b) of the
Act, the ITC will make its final determination as to whether the
domestic injury in the United States is materially injured, or
threatened with material injury, by reason of imports of aluminum sheet
from Turkey no later than 45 days after our final determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO) without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the
[[Page 13318]]
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. Final Determination of Critical Circumstances
IV. Use of Adverse Facts Available
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether to Determine That Teknik Failed to Comply
with Verification Requests and Apply Facts Available with Adverse
Inferences
Comment 2: Whether the Value-Added Tax (VAT) Exemption on
Assan's Acquisition of the Operating Rights for a Hydroelectric
Power Plant is a Countervailable Subsidy
Comment 3: The Provision of Land for Less Than Adequate
Remuneration (LTAR)
Comment 4: Whether to Revise Certain of Assan's Sales
Denominators
Comment 5: Whether Commerce Should Deduct Commissions Paid by
Assan Regarding the Rediscount Loan Program and the Export-Oriented
Working Capital Credit Program
Comment 6: Whether Commerce Should Correct Certain Calculation
Errors Regarding Assan
VIII. Recommendation
[FR Doc. 2021-04733 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
