Common Alloy Aluminum Sheet From Greece: Final Negative Determination of Sales at Less Than Fair Value, 13300-13302 [2021-04737]
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
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.
jbell on DSKJLSW7X2PROD with NOTICES
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: Whether Commerce Should
Apply Total or Partial Adverse Facts
Available (AFA) to Aludium
Comment 2: Application of Partial AFA to
Aludium’s Date of Sale
Comment 3: Whether Section 232 Duties
are ‘‘Special Duties’’
Comment 4: Denial of Aludium’s Duty
Drawback Adjustment
Comment 5: Substantial Transformation
Comment 6: Whether Commerce Should
Evaluate Differential Pricing (DP) on a
Monthly Basis
Comment 7: Whether Commerce Should
Have Deselected Baux as a Mandatory
Respondent
Comment 8: Whether the Number of
Countries Commerce Initiated Upon Is
Contrary to the World Trade
Organization (WTO) Antidumping
Agreement
V. Recommendation
[FR Doc. 2021–04722 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–804]
Common Alloy Aluminum Sheet From
Greece: Final Negative Determination
of Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from Greece are not
being, or are not likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2019, through
December 31, 2019.
SUMMARY:
DATES:
Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285 or
(202) 482–1766, respectively.
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 Greece, in which we also
postponed the final determination until
March 1, 2021.1 We invited interested
paties 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
Greece. For a complete description of
the scope of this investigation, see
Appendix I.
1 See Common Alloy Aluminum Sheet from
Greece: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65374 (October 15, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Negative Determination
in the Less-Than-Fair-Value Investigation of
Common Alloy Aluminum Sheet from Greece,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
memorandum, which we address in the
Final Scope Decision Memorandum.4
Commerce is not modifying the the
scope language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached at Appendix
II. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
3 See Memorandum, ‘‘Common Alloy Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Rpublic 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
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 Commerce’s Letter, ‘‘Antidumping
Investigation Common Alloy Aluminum Sheet from
Greece: Elvalhalcor Hellenic Copper and Aluminum
Industry S.A. In Lieu of Verification
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
Changes Since the Preliminary
Determination
this proceeding in accordance with 19
CFR 351.224(b).
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
Elval Hellenic Aluminum Industry S.A
(Elvalhalcor). For a discussion of these
changes, see the ‘‘Changes from the
Preliminary Determination’’ section of
the Issues and Decision Memorandum.
Suspension of Liquidation
Final Determination of No Shipments
Commerce preliminarily determined
that Argiropoulos B.A.E.E.
(Argiropoulos) had no shipments of the
subject merchandise to the United
States during the POI.6 There is no new
information on the record that would
cause us to revisit our determination of
no shipments for this company.
Accordingly, Commerce will issue
appropriate instructions to U.S.
Customs and Border Protection (CBP).
Final Determination
The final estimated weighted-average
dumping margin is as follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
In the Preliminary Determination,
Commerce determined a weightedaverage dumping margin for Elvalhalcor
that was above de minimis . Therefore,
we instructed CBP to suspend
liquidation of entries of aluminum sheet
from Greece as of October 15, 2020, the
date of publication of the Preliminary
Determination.8 Because Commerce has
made a final negative determination of
sales at LTFV with regard to the subject
merchandise, Commerce will instruct
CBP to terminate suspension of
liquidation and refund any cash
deposits of estimated antidumping
duties for entries of aluminum sheet
from Greece.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission of our final
determination. As our final
determination is negative, this
proceeding is terminated in accordance
with section 735(c)(2) of the Act.
Notification Regarding Administrative
Protective Orders
jbell on DSKJLSW7X2PROD with NOTICES
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
Elval Hellenic Aluminum Industry
responsibility concerning the
S.A./ Elval Colour S.A./
Symetal S.A. 7 .........................
0.00 disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
Because the only weighted-average
written notification of return or
dumping margin is zero, we determine
destruction of APO materials or
that aluminum sheet from Greece is not
conversion to judicial protective order is
being, or is not likely to be, sold in the
hereby requested. Failure to comply
United States at LTFV. Commerce has
with the regulations and terms of an
not calculated an estimated weightedAPO is a violation which is subject to
average dumping margin for all other
sanction.
producers and exporters pursuant to
sections 735(c)(1)(B) and (c)(5) of the
Notification to Interested Parties
Act because it has not made a final
This determination is issued and
affirmative determination of sales at
published in accordance with sections
LTFV.
735(d) and 777(i)(1) of the Act, and 19
Disclosure
CFR 351.210(c).
We intend to disclose the calculations
Dated: March 1, 2021.
performed in this final determination
Christian Marsh,
within five days of the date of
Acting Assistant Secretary for Enforcement
publication of this notice to parties in
and Compliance.
Questionnaire,’’ dated December 11, 2020; see also
Elvalhalcor’s Letter, ‘‘Antidumping Investigation of
Common Alloy Aluminum Sheet from Greece:
Elvalhalcor’s Response to In Lieu of Verification
Questionnaire Response,’’ dated December 21,
2020.
6 See Preliminary Determination PDM at 5.
7 Commerce determined that Elval Hellenic
Aluminum Industry S.A., Elval Colour S.A. and
Symetal S.A. are a single entity. See Preliminary
Determination PDM.
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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
8 See
PO 00000
Preliminary Determination, 85 FR at 65375.
Frm 00023
Fmt 4703
Sfmt 4703
13301
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
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Adverse Facts
Available (AFA) is Appropriate for
Elvalhalcor
Comment 2: Application of Major Input
Rule
Comment 3: Selling Expense Adjustment to
the Cost of Manufacture (COM)
Comment 4: Adjusting COM With
Amounts Related to Losses on
Derivatives
Comment 5: Reconciliation of April 2019
U.S. Sales
Comment 6: Warranty Expenses
Comment 7: Home Market Rebates
Comment 8: Home Market Inland Freight
Expenses
Comment 9: Packing Expenses
Comment 10: Comparisons Between Alloy
Products
Comment 11: Home Market Credit
Expenses
Comment 12: U.S. Indirect Selling
Expenses for Sales Through International
Trade
Comment 13: Adjustment Made to Other
Disounts for Certain Home Market Sales
Comment 14: Use of Quarterly Costs in
Differential Pricing Analysis
V. Recommendation
[FR Doc. 2021–04737 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–854]
Common Alloy Aluminum Sheet From
Brazil: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to determine that
imports of common alloy aluminum
sheet (aluminum sheet) from Brazil are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
(POI), January 1, 2019, through
December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, 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) 482–5449.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
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19:05 Mar 05, 2021
Jkt 253001
in the LTFV investigation of aluminum
sheet from Brazil, in which we also
postponed the final determination until
March 1, 2021.1 We invited interested
parties to comment on the Preliminary
Determination. We received no
comments on the Preliminary
Determination.
Scope of the Order
The products covered by this
investigation are common alloy
aluminum sheet from Brazil. For a
complete description of the scope of this
investigation, see the Appendix.
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.2 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.3
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See the
Appendix 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 an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).4
1 See Common Alloy Aluminum Sheet from
Brazil: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65363 (October 15, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 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).
3 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).
4 See Commerce’s Letter, ‘‘Remote Verification—
Request for Documentation,’’ dated November 17,
2020; see also Novelis do Brasil Ltda’s (Novelis
Brasil’s) Letter, ‘‘Common Alloy Aluminum Sheet
from Brazil: Novelis do Brasil Ltda’s Verification
Questionnaire Response,’’ dated November 24, 2020
(Verification Questionnaire Response).
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Changes Since the Preliminary
Determination
We continue to find that imports of
aluminum sheet from Brazil are being,
or are likely to be, sold in the United
States at LTFV for the POI. Because we
received no comments, we hereby
incorporate by reference our reasoning
in the Preliminary Determination, and
no separate decision memorandum
accompanies this Federal Register
notice.
However, based on our review and
analysis of the information received in
lieu of on-site verification, we made
certain changes to the margin
calculation for mandatory respondent,
Novelis do Brasil Ltda (Novelis Brasil).5
As a result of these changes, Commerce
also revised the all-others rate and the
rate assigned to Companhia Brasileira
de Aluminio (CBA). See below for
further discussion.
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that the mandatory
respondent, CBA, failed to comply with
Commerce’s multiple requests for
information, which significantly
impeded the investigation. Further,
Commerce found that CBA failed to
cooperate to the best of its ability in this
investigation. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act,
Commerce assigned CBA a rate based on
adverse facts available (AFA). No
interested party commented on this
determination, and so there is no basis
for us to revisit our determination to
apply AFA to this company.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted in determining CBA’s
weighted-average margin. Consistent
with the Preliminary Determination,
Commerce has assigned to CBA the
highest transaction-specific margin
calculated for Novelis Brasil, which is
137.06 percent.6 Because this rate is not
secondary information, but rather is
based on information obtained in the
5 See Memorandum, ‘‘Analysis Memorandum for
the Final Determination of the Less-than-Fair-Value
Investigation of Common Alloy Aluminum Sheet
from Brazil: Novelis do Brasil Ltda.,’’ dated
concurrently with this notice (Final Analysis
Memorandum).
6 See Final Analysis Memorandum. As a result of
minor corrections received in Novelis Brasil’s
Verification Questionnaire Response, Novelis
Brasil’s highest transaction-specific margin changed
from 136.78 percent in the Preliminary
Determination to 137.06 percent in the final
determination. Because we continue to use Novelis
Brasil’s highest transaction-specific margin as the
AFA rate for CBA, for the final determination, we
have updated the rate assigned to CBA accordingly.
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]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13300-13302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04737]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-804]
Common Alloy Aluminum Sheet From Greece: Final Negative
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 Greece are not
being, or are not likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is January 1,
2019, through December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2285 or (202)
482-1766, respectively.
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 Greece, in which we also postponed the final
determination until March 1, 2021.\1\ We invited interested paties 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 Greece: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 65374 (October 15, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Less-Than-Fair-Value
Investigation of Common Alloy Aluminum Sheet from Greece,'' 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
Greece. 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
Memorandum to address these comments.\3\ We received comments from
interested parties on the Preliminary Scope Decision memorandum, which
we address in the Final Scope Decision Memorandum.\4\ Commerce is not
modifying the the scope language as it appeared in the Preliminary
Determination. See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Common Alloy Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Rpublic 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
Memorandum).
\4\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan,
and Turkey: Scope Comments Final Decision Memorandum,'' dated
concurrently with, and hereby adopted by, this notice (Final Scope
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached at Appendix II. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn. The signed and electronic versions
of the Issues and Decision Memorandum are identical in content.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Antidumping Investigation Common
Alloy Aluminum Sheet from Greece: Elvalhalcor Hellenic Copper and
Aluminum Industry S.A. In Lieu of Verification Questionnaire,''
dated December 11, 2020; see also Elvalhalcor's Letter,
``Antidumping Investigation of Common Alloy Aluminum Sheet from
Greece: Elvalhalcor's Response to In Lieu of Verification
Questionnaire Response,'' dated December 21, 2020.
---------------------------------------------------------------------------
[[Page 13301]]
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 Elval Hellenic Aluminum
Industry S.A (Elvalhalcor). For a discussion of these changes, see the
``Changes from the Preliminary Determination'' section of the Issues
and Decision Memorandum.
Final Determination of No Shipments
Commerce preliminarily determined that Argiropoulos B.A.E.E.
(Argiropoulos) had no shipments of the subject merchandise to the
United States during the POI.\6\ There is no new information on the
record that would cause us to revisit our determination of no shipments
for this company. Accordingly, Commerce will issue appropriate
instructions to U.S. Customs and Border Protection (CBP).
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 5.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Elval Hellenic Aluminum Industry S.A./ Elval Colour S.A./ 0.00
Symetal S.A. \7\...........................................
------------------------------------------------------------------------
Because the only weighted-average dumping margin is zero, we
determine that aluminum sheet from Greece is not being, or is not
likely to be, sold in the United States at LTFV. Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters pursuant to sections 735(c)(1)(B) and (c)(5) of
the Act because it has not made a final affirmative determination of
sales at LTFV.
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\7\ Commerce determined that Elval Hellenic Aluminum Industry
S.A., Elval Colour S.A. and Symetal S.A. are a single entity. See
Preliminary Determination PDM.
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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).
Suspension of Liquidation
In the Preliminary Determination, Commerce determined a weighted-
average dumping margin for Elvalhalcor that was above de minimis .
Therefore, we instructed CBP to suspend liquidation of entries of
aluminum sheet from Greece as of October 15, 2020, the date of
publication of the Preliminary Determination.\8\ Because Commerce has
made a final negative determination of sales at LTFV with regard to the
subject merchandise, Commerce will instruct CBP to terminate suspension
of liquidation and refund any cash deposits of estimated antidumping
duties for entries of aluminum sheet from Greece.
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\8\ See Preliminary Determination, 85 FR at 65375.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission of our final determination. As our final
determination is negative, this proceeding is terminated in accordance
with section 735(c)(2) of the Act.
Notification Regarding Administrative Protective Orders
This notice will serve as a 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 terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
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
[[Page 13302]]
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Adverse Facts Available (AFA) is Appropriate
for Elvalhalcor
Comment 2: Application of Major Input Rule
Comment 3: Selling Expense Adjustment to the Cost of Manufacture
(COM)
Comment 4: Adjusting COM With Amounts Related to Losses on
Derivatives
Comment 5: Reconciliation of April 2019 U.S. Sales
Comment 6: Warranty Expenses
Comment 7: Home Market Rebates
Comment 8: Home Market Inland Freight Expenses
Comment 9: Packing Expenses
Comment 10: Comparisons Between Alloy Products
Comment 11: Home Market Credit Expenses
Comment 12: U.S. Indirect Selling Expenses for Sales Through
International Trade
Comment 13: Adjustment Made to Other Disounts for Certain Home
Market Sales
Comment 14: Use of Quarterly Costs in Differential Pricing
Analysis
V. Recommendation
[FR Doc. 2021-04737 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
