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]

Download as PDF 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). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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 http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// 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. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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. E:\FR\FM\08MRN1.SGM 08MRN1 13316 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://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, jbell on DSKJLSW7X2PROD with NOTICES 3 See VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08MRN1.SGM 08MRN1 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). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08MRN1.SGM 08MRN1 13318 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 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: VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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). PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 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 http://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 http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

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
------------------------------------------------------------------------

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