Common Alloy Aluminum Sheet From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value, 13287-13289 [2021-04734]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 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 the 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 Hl9, H–41, H–48, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. jbell on DSKJLSW7X2PROD with NOTICES Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Negative Determination of Critical Circumstances V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether To Exclude the Subsidy Rate for the Provision of Coal for VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Less Than Adequate Remuneration (LTAR) From the All-Others Rate Comment 2: Whether To Reconsider Initiation of New Subsidy Allegations (NSAs) Comment 3: Whether Commerce Appropriately Initiated the Investigation After the Government of India (GOI) Withdrew From Consultations Comment 4: Whether Commerce Conducted a Selective/Incomplete Investigation Comment 5: Whether the GOI has an Effective System in Place To Confirm Input Consumption Comment 6: Whether the Provision of Coal for LTARIs Countervailable Comment 7: Whether Water for LTAR and Land for LTAR in the State of Gujarat Are Countervailable Comment 8: Whether To Correct the Consumer Price Index (CPI) Rate Used in the Land for LTAR Benefit Calculation Comment 9: Whether To Exclude Certain Rebates From the Duty Drawback Benefit Calculation Comment 10: Whether To Correct the Duty Exemption Rate Used in the State Government of Madhya Pradesh (SGMP) Electricity Duty Exemption Comment 11: Whether To Correct the Benefit Calculation Relating to the Export Promotion of Capital Goods Scheme (EPCGS) Comment 12: Whether To Adjust the Inland Freight Benchmark Used in the Coal for LTAR Benefit Calculation Comment 13: Whether To Apply Adverse Facts Available (AFA) to MALCO’s EPCGS Usage Comment 14: Whether To Correct the Discount Rate Used in the ExportOriented Unit (EOU) Scheme Benefit Calculation IX. Recommendation [FR Doc. 2021–04728 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–791–825] Common Alloy Aluminum Sheet From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of common alloy aluminum sheet (aluminum sheet) from South Africa is being, or is 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. AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 13287 FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: Background On October 15, 2020, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of aluminum sheet from South Africa, in which we also postponed the final determination until March 1, 2021.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The product covered by this investigation is aluminum sheet from South Africa. For a complete description of the scope of this investigation, see Appendix I of this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.4 1 See Common Alloy Aluminum Sheet from South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 65351 (October 15, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Common Alloy Aluminum Sheet from South Africa,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). E:\FR\FM\08MRN1.SGM 08MRN1 13288 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices Commerce is not modifying the scope language as it appeared in the Preliminary Determination.5 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other Analysis of Comments Received producers and exporters not All issues raised in the case and individually investigated shall be equal rebuttal briefs that were submitted by to the weighted average of the estimated parties in this investigation are weighted-average dumping margins addressed in the Issues and Decision established for exporters and producers Memorandum. A list of the issues individually investigated excluding addressed in the Issues and Decision rates that are zero, de minimis, or Memorandum is attached to this notice determined entirely under section 776 at Appendix II. The Issues and Decision of the Act. Commerce calculated an Memorandum is a public document and individual estimated weighted-average is on file electronically via Enforcement dumping margin for Hulamin and Compliance’s Antidumping and Operations (Pty.) Ltd. (Hulamin Countervailing Duty Centralized Operations), the only individually Electronic Service System (ACCESS). examined exporter/producer in this ACCESS is available to registered users investigation. Because the only at https://access.trade.gov. In addition, a individually calculated dumping margin complete version of the Issues and is not zero, de minimis, or based Decision Memorandum can be accessed entirely on facts otherwise available, the directly at http://enforcement.trade.gov/ estimated weighted-average dumping frn. The signed and electronic versions margin calculated for Hulamin of the Issues and Decision Operations is the margin assigned to all Memorandum are identical in content. other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. 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 and requested additional documentation and information to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination jbell on DSKJLSW7X2PROD with NOTICES Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we made certain changes to the margin calculations. For a discussion of these changes, see Comment 2 of the Issues and Decision Memorandum.7 5 See Appendix I for the final scope of the investigation. 6 See Commerce’s Letter, ‘‘Common Alloy Aluminum Sheet from South Africa: Hulamin Operations (Pty) Ltd. (Hulamin Operations): Questionnaire in Lieu of Verification,’’ dated November 9, 2020; see also Hulamin Operations’ Letter, ‘‘Common Alloy Aluminum Sheet from South Africa: Hulamin Operations Proprietary Limited—Responses to Questionnaire in Lieu of Verification,’’ dated November 18, 2020. 7 See also, Memorandum, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination—Hulamin Operations Proprietary Limited,’’ dated concurrently with this notice, and Memorandum, ‘‘Analysis Memorandum for the Final Determination of the Antidumping Duty Investigation of Common Alloy Aluminum Sheet from South Africa: Hulamin Operations (Pty) Ltd.,’’ dated concurrently with this notice. VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 dumping margin as follows: (1) The cash deposit rate for the respondent listed above will be equal to the respondent-specific estimated weightedaverage dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension-of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Final Determination Act, the ITC will make its final The final estimated weighted-average determination as to whether the dumping margins are as follows: domestic industry in the United States is materially injured, or threatened with Estimated material injury, by reason of imports or weightedsales (or the likelihood of sales) for average Exporter/producer importation of aluminum sheet no later dumping margin than 45 days after this final (percent) determination. If the ITC determines that such injury does not exist, this Hulamin Operations (Pty) Ltd ..... 8.85 All Others .................................... 8.85 proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be Disclosure lifted. If the ITC determines that such We intend to disclose the calculations injury does exist, Commerce will issue performed in this final determination an antidumping duty order directing within five days of the date of CBP to assess, upon further instruction publication of this notice to parties in by Commerce, antidumping duties on this proceeding in accordance with 19 all imports of the subject merchandise CFR 351.224(b). entered, or withdrawn from warehouse, for consumption on or after the effective Continuation of Suspension of date of the suspension of liquidation, as Liquidation discussed above in the ‘‘Continuation of In accordance with section Suspension of Liquidation’’ section. 735(c)(1)(B) of the Act, Commerce will Notification Regarding Administrative instruct U.S. Customs and Border Protection (CBP) to continue to suspend Protective Orders liquidation of all entries of aluminum This notice will serve as a final sheet from South Africa, as described in reminder to the parties subject to Appendix I of this notice, which are administrative protective order (APO) of entered, or withdrawn from warehouse, their responsibility concerning the for consumption on or after October 15, disposition of proprietary information 2020, the date of publication in the disclosed under APO in accordance Federal Register of the affirmative with 19 CFR 351.305(a)(3). Timely Preliminary Determination. written notification of return or Pursuant to section 735(c)(1)(B)(ii) of destruction of APO materials or the Act and 19 CFR 351.210(d), we will conversion to judicial protective order is instruct CBP to require a cash deposit hereby requested. Failure to comply for such entries of merchandise equal to with the regulations and the terms of an the estimated weighted-average APO is a sanctionable violation. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix I—Scope of the Investigation The products covered by this investigation are common alloy aluminum sheet, which is a flat rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this investigation includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. The use of a proprietary alloy or non-proprietary alloy that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope. Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H– 19, H–41, H–48, H–39, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: U.S. and Home Market Packing Expenses Comment 2: Whether to Rely on Hulamin Operations’ Actual Base Metal Costs V. Recommendation [FR Doc. 2021–04734 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–351–855] Common Alloy Aluminum Sheet From Brazil: Final Negative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from the Brazil. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman or Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1468 or (202) 482–7851, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 14, 2020, Commerce published its Preliminary Determination.1 On December 22, 2020, 1 See Common Alloy Aluminum Sheet from Brazil: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 13289 Commerce released its Post-Preliminary Decision.2 In addition to the Government of Brazil, the mandatory respondents in this investigation are Companhia Brasileiro de Aluminio (CBA) and Novelis do Brasil Ltda. (Novelis Brasil). 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.3 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.4 The Issues and Decision Memorandum is a public document and is made available to the public 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/index.html. 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 products covered by this investigation are aluminum sheet from Brazil. 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.5 We received comments Determination, 85 FR 49634 (August 14, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Countervailing Duty Investigation of Common Alloy Aluminum Sheet from Brazil: Post-Preliminary Decision Memo,’’ dated December 22, 2020 (Post-Preliminary Decision). 3 See Preliminary Determination, 85 FR at 49634. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Negative Determination of the Countervailing Duty Investigation of Common Alloy Aluminum Sheet from Brazil,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Memorandum, ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ E:\FR\FM\08MRN1.SGM Continued 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13287-13289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04734]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-825]


Common Alloy Aluminum Sheet From South Africa: Final Affirmative 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of common alloy aluminum sheet (aluminum sheet) from South Africa is 
being, or is 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: Laurel LaCivita, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
aluminum sheet from South Africa, in which we also postponed the final 
determination until March 1, 2021.\1\ We invited interested parties to 
comment on the Preliminary Determination. A summary of the events that 
occurred since Commerce published the Preliminary Determination, may be 
found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from South Africa: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 65351 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Common Alloy Aluminum Sheet from South Africa,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
South Africa. For a complete description of the scope of this 
investigation, see Appendix I of this notice.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments.\3\ We received comments 
from interested parties on the Preliminary Scope Decision Memorandum, 
which we address in the Final Scope Decision Memorandum.\4\

[[Page 13288]]

Commerce is not modifying the scope language as it appeared in the 
Preliminary Determination.\5\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, 
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for 
the Preliminary Determinations,'' dated October 6, 2020 (Preliminary 
Scope Decision Memorandum).
    \4\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey: Scope Comments Final Decision Memorandum,'' dated 
concurrently with, and hereby adopted by, this notice (Final Scope 
Decision Memorandum).
    \5\ See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
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 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 and requested additional documentation and information to 
verify the information relied upon in making this final determination, 
in accordance with section 782(i) of the Tariff Act of 1930, as amended 
(the Act).\6\
---------------------------------------------------------------------------

    \6\ See Commerce's Letter, ``Common Alloy Aluminum Sheet from 
South Africa: Hulamin Operations (Pty) Ltd. (Hulamin Operations): 
Questionnaire in Lieu of Verification,'' dated November 9, 2020; see 
also Hulamin Operations' Letter, ``Common Alloy Aluminum Sheet from 
South Africa: Hulamin Operations Proprietary Limited--Responses to 
Questionnaire in Lieu of Verification,'' dated November 18, 2020.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings 
related to our request for information in lieu of verification, we made 
certain changes to the margin calculations. For a discussion of these 
changes, see Comment 2 of the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See also, Memorandum, ``Cost of Production and Constructed 
Value Calculation Adjustments for the Final Determination--Hulamin 
Operations Proprietary Limited,'' dated concurrently with this 
notice, and Memorandum, ``Analysis Memorandum for the Final 
Determination of the Antidumping Duty Investigation of Common Alloy 
Aluminum Sheet from South Africa: Hulamin Operations (Pty) Ltd.,'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Commerce calculated an individual estimated weighted-average 
dumping margin for Hulamin Operations (Pty.) Ltd. (Hulamin Operations), 
the only individually examined exporter/producer in this investigation. 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Hulamin Operations is 
the margin assigned to all other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hulamin Operations (Pty) Ltd................................        8.85
All Others..................................................        8.85
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of aluminum sheet from South Africa, 
as described in Appendix I of this notice, which are entered, or 
withdrawn from warehouse, for consumption on or after October 15, 2020, 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the respondent listed 
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if 
the exporter is not a respondent identified above but the producer is, 
then the cash deposit rate will be equal to the respondent-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension-of-liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of aluminum sheet no later than 45 days after 
this final determination. If the ITC determines that such injury does 
not exist, this proceeding will be terminated, and all cash deposits 
posted will be refunded and suspension of liquidation will be lifted. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

[[Page 13289]]

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products covered by this investigation are common alloy 
aluminum sheet, which is a flat rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut-to-length, regardless of width. Common alloy sheet within the 
scope of this investigation includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a 
chemistry that is consistent with these designations, does not 
remove an otherwise in-scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of this investigation if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In 
addition, aluminum can stock has a lubricant applied to the flat 
surfaces of the can stock to facilitate its movement through 
machines used in the manufacture of beverage cans. Aluminum can 
stock is properly classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: U.S. and Home Market Packing Expenses
    Comment 2: Whether to Rely on Hulamin Operations' Actual Base 
Metal Costs
V. Recommendation

[FR Doc. 2021-04734 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P