Common Alloy Aluminum Sheet From the People's Republic of China; Antidumping and Countervailing Duty Orders: Notice of Covered Merchandise Referral, 47472-47474 [2021-18282]
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47472
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices
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[FR Doc. 2021–18232 Filed 8–24–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–34–2021]
Foreign-Trade Zone (FTZ) 33—
Pittsburgh, Pennsylvania,
Authorization of Production Activity,
Swagelok Company (Finished Bar
Stock), Koppel, Pennsylvania
On April 22, 2021, Swagelok
Company submitted a notification of
proposed production activity to the FTZ
Board for its facility within Subzone
33F, in Koppel, Pennsylvania.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 23343, May 3,
2021). On August 20, 2021, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: August 20, 2021.
Andrew McGilvray,
Executive Secretary.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board Charter Renewal
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice.
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Jennifer Aguinaga,
Designated Federal Officer, U.S. Travel and
Tourism Advisory Board.
[FR Doc. 2021–18277 Filed 8–24–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073/C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China;
Antidumping and Countervailing Duty
Orders: Notice of Covered
Merchandise Referral
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and
Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce)
received a covered merchandise referral
from U.S. Customs and Border
Protection (CBP) in connection with a
CBP EAPA investigation concerning the
antidumping and countervailing duty
(AD/CVD) orders on common alloy
aluminum sheet from the People’s
Republic of China. In accordance with
the EAPA, Commerce intends to
determine whether the merchandise
subject to the referral is covered by the
AGENCY:
[FR Doc. 2021–18280 Filed 8–24–21; 8:45 am]
AGENCY:
The Chief Financial Officer
and Assistant Secretary of Commerce for
Administration, with the concurrence of
the General Services Administration,
renewed the Charter for the United
States Travel and Tourism Advisory
Board on August 16, 2021.
DATES: The Charter for the United States
Travel and Tourism Advisory Board was
renewed on August 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Jennifer Aguinaga, the United States
Travel and Tourism Advisory Board,
Room 10003, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
202–482–2404, email: TTAB@trade.gov.
SUPPLEMENTARY INFORMATION: This
Notice is published pursuant to the
Federal Advisory Committee Act, as
amended (FACA), 5 U.S.C., App., § 9(c).
It has been determined that the
Committee is necessary and in the
public interest. The Committee was
established pursuant to Commerce’s
authority under 15 U.S.C. 1512,
established under the FACA, as
amended, 5 U.S.C. App., and with the
concurrence of the General Services
Administration. The Committee
provides advice to the Secretary on
government policies and programs that
affect the U.S. travel and tourism
industry.
SUMMARY:
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices
scope of the orders and promptly to
transmit its determination to CBP.
Commerce is providing notice of the
referral and inviting participation from
interested parties.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or Yang Jin Chun, AD/CVD
Operations Office VI, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5041 or (202) 482–5760,
respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On February 24, 2016, the Trade
Facilitation and Trade Enforcement Act
of 2015 was signed into law, which
contains Title IV—Prevention of
Evasion of Antidumping and
Countervailing Duty Orders (short title
‘‘Enforce and Protect Act of 2015’’ or
‘‘EAPA’’) (Pub. L. 114–125, 130 Stat.
122, 155, Feb. 24, 2016). Effective
August 22, 2016, section 421 of the
EAPA added section 517 to the Tariff
Act of 1930, as amended (the Act),
which establishes a formal process for
CBP to investigate allegations of the
evasion of AD/CVD orders. Section
517(b)(4)(A) of the Act provides a
procedure by which if, during the
course of an EAPA investigation, CBP is
unable to determine whether the
merchandise at issue is covered
merchandise within the meaning of
section 517(a)(3) of the Act, it shall refer
the matter to Commerce to make such a
determination. Section 517(a)(3) of the
Act defines covered merchandise as
merchandise that is subject to an
antidumping duty order issued under
section 736 of the Act or a
countervailing duty order issued under
section 706 of the Act. Section
517(b)(4)(B) of the Act states that
Commerce, after receiving a covered
merchandise referral from CBP, shall
determine whether the merchandise is
covered merchandise and promptly
transmit its determination to CBP. The
Act does not establish a deadline within
which Commerce must issue its
determination.
On May 13, 2021, Commerce received
a covered merchandise referral from
CBP regarding CBP EAPA Investigation
No. 7469 1 which concerns the AD and
1 See Letter from CBP, ‘‘Re: Covered Merchandise
Referral Request for EAPA Investigation 7469,
Imported by AA Metals, Inc.: Antidumping and
Countervailing Duty Orders on Common Alloy
Aluminum Sheet from the People’s Republic of
China,’’ dated May 13, 2021 (CBP’s EAPA 7469
Letter). Commerce intends to make available this
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CVD orders on common alloy aluminum
sheet from the People’s Republic of
China (China).2 CBP explained that
Texarkana Aluminum, Inc. (TKA)
alleged that AA Metals, Inc. (AA Metals)
imported Chinese-origin aluminum
sheet into the United States that was
transshipped through Turkey after
minor processing, and falsely declared it
as Turkish-origin.3 CBP stated that TKA
alleged that AA Metals imported
Chinese aluminum sheet that was rerolled to a thinner thickness in Turkey
by Turkish producers PMS Metal Profil
Alu¨minyum San. ve Tic. A.S
¸ . (PMS) and
Teknik Alu¨minyum Sanayi A.S
¸.
(Teknik).4 CBP’s Office of Trade
initiated an EAPA investigation on June
30, 2020, based on the evidence in the
allegation submitted by TKA that
reasonably suggested that AA Metals
entered aluminum sheet into the
customs territory of the United States by
means of evasion.
CBP informed Commerce that CBP is
unable to determine whether the
merchandise at issue is covered
merchandise due to the third country
processing in two scenarios: (1)
Chinese-origin aluminum sheet of a
thickness a little greater than covered by
the scope re-rolled in Turkey to a
thickness covered by the scope; and (2)
Chinese-origin aluminum sheet of a
thickness covered by the scope re-rolled
in Turkey to a thickness covered by the
scope. CBP further informed Commerce
that AA Metals argues that the Chineseorigin aluminum sheet further
processed in Turkey is not subject to the
Orders.5
Notification to Interested Parties
Commerce is hereby notifying
interested parties that it has received the
covered merchandise referral referenced
above, it will begin new segments of the
proceedings, and intends to issue a
determination regarding whether the
merchandise subject to the referral is
covered merchandise within the
meaning of section 517(a)(3) of the Act.
Additionally, Commerce intends to
provide interested parties with the
opportunity to participate in these
segments of the proceedings, including
document and any supporting documents on
Enforcement and Compliance’s Antidumping Duty
and Countervailing Duty Centralized Electronic
Service System (ACCESS) within five days of
publication of this notice.
2 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019); Common
Alloy Aluminum Sheet from the People’s Republic
of China: Countervailing Duty Order, 84 FR 2157
(February 6, 2019) (collectively, the Orders).
3 See CBP’s EAPA 7469 Letter at 1–2.
4 Id. at 2.
5 Id. at 2–3.
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through the submission of comments,
and, if appropriate, new factual
information and verification.
Specifically, Commerce will notify
parties on the segment-specific service
lists for these segments of the
proceedings of a schedule for
comments. In addition, Commerce may
request factual information from any
person to assist in making its
determination and may verify
submissions of factual information, if
Commerce determines that such
verification is appropriate. Commerce
intends to issue a final determination
within 120 days of the publication of
this notice (this deadline may be
extended if it is not practicable to
complete the final determination within
120 days) and will promptly transmit its
final determination to CBP in
accordance with section 517(b)(4)(B) of
the Act.
Commerce may consider conducting a
separate anti-circumvention inquiry
regarding the merchandise described in
CBP’s covered merchandise referral, if
parties submit the necessary
information addressing the criteria for
an anti-circumvention inquiry, in
accordance with section 781 of the Act.
Interested parties are requested to file
such comments and information onto
the record of this proceeding within 30
days of the publication of this notice in
the Federal Register.
Parties are also hereby notified that
this may be the only notice that
Commerce intends to publish in the
Federal Register concerning this
covered merchandise referral. Interested
parties that wish to participate in these
segments of the proceedings, and
receive notice of the final
determination, must submit their letters
of appearance as discussed below.
Further, any party desiring access to
business proprietary information in
these segments of the proceedings must
file an application for access to business
proprietary information under
administrative protective order (APO),
as discussed below.
Finally, we note that covered
merchandise referrals constitute a new
type of segment of a proceeding at
Commerce, and therefore Commerce
intends to develop its practice and
procedures in this area as it gains more
experience.
Scope of the Orders
The merchandise covered by these
orders is aluminum common alloy sheet
(common alloy sheet), which is a flatrolled 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
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sheet within the scope of the orders
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.
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 orders if performed in the country
of manufacture of the common alloy
sheet.
Excluded from the scope of the orders
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, or H–391 temper. In addition,
aluminum can stock has a lubricant
applied to the flat surfaces of the can
stock to facilitate its 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,
7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.3095,
7606.91.6080, 7606.91.6095,
7606.92.3090, 7606.92.3035,
7606.92.6080, and 7606.92.6095.
Further, merchandise that falls within
the scope of the orders may also be
entered into the United States under
HTSUS subheadings 7606.11.3030,
7606.12.3015, 7606.12.3025,
7606.12.3030, 7606.12.3035,
7606.91.3055, 7606.91.3060,
7606.91.6040, 7606.91.6055,
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16:54 Aug 24, 2021
Jkt 253001
7606.92.3025, 7606.92.3060,
7606.92.6040, 7606.92.6055, and
7607.11.9090. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
orders is dispositive.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance (E&C)’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.6 An
electronically filed document must be
received successfully in its entirety by
the applicable deadline. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information.7 Each
submission must be placed on the
record of the segment of the proceeding
for each order, i.e., for the AD order (A–
570–073) and the CVD order (C–570–
074).
Letters of Appearance and
Administrative Protective Order
Interested parties that wish to
participate in these segments of the
proceedings and to be added to the
public service lists for these segments of
the proceedings must file a letter of
appearance in accordance with 19 CFR
351.103(d)(1), with one exception: The
parties to EAPA investigation 7469
publicly identified by CBP in the
covered merchandise referral referenced
above (TKA and AA Metals) 8 are not
required to submit a letter of
appearance, and will be added to the
public service list for these segments of
the proceedings by Commerce.
Commerce placed an APO on the
record on August 18, 2021,9 and
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014) for
details of Commerce’s electronic filing
requirements, effective August 5, 2011. Information
on help using ACCESS can be found at https://
access.trade.gov/help.aspx and a handbook can be
found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20
Filing%20Procedures.pdf.
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
8 See CBP’s EAPA 7496 Letter at 5.
9 See Memorandum, ‘‘Request for Establishment
of Administrative Protective Order: Antidumping
and Countervailing Duty Orders on Common Alloy
Aluminum Sheet from the People’s Republic of
China: (A–570–073/C–570–074),’’ dated August 18,
2021.
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established the APO service lists for use
in these segments. Commerce intends to
place the covered merchandise referral
letter on the records of these segments
in ACCESS within five days of
publication of this notice.
Interested parties must submit
applications for disclosure under the
APO in accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to these segments of the
proceedings, with one exception: APO
applicants representing the parties that
have been identified by CBP as an
importer in the covered merchandise
referral (referenced above) are exempt
from the additional filing requirements
for importers pursuant to 19 CFR
351.305(d).
Dated: August 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–18282 Filed 8–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the sole
mandatory respondent made sales of
stainless steel bar (SS Bar) from India
below normal value during the period of
review (POR) February 1, 2019, through
January 31, 2020.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Konrad Ptaszynski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6187.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 24, 2021, Commerce
published in the Federal Register the
Preliminary Results of the 2019–2020
administrative review of the
antidumping duty order on SS Bar from
India.1 We invited interested parties to
1 See Stainless Steel Bar from India: Preliminary
Results of Antidumping Duty Administrative
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Agencies
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47472-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18282]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073/C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China;
Antidumping and Countervailing Duty Orders: Notice of Covered
Merchandise Referral
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping and
countervailing duty (AD/CVD) orders on common alloy aluminum sheet from
the People's Republic of China. In accordance with the EAPA, Commerce
intends to determine whether the merchandise subject to the referral is
covered by the
[[Page 47473]]
scope of the orders and promptly to transmit its determination to CBP.
Commerce is providing notice of the referral and inviting participation
from interested parties.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, AD/CVD
Operations Office VI, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-5760,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV--Prevention of
Evasion of Antidumping and Countervailing Duty Orders (short title
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421
of the EAPA added section 517 to the Tariff Act of 1930, as amended
(the Act), which establishes a formal process for CBP to investigate
allegations of the evasion of AD/CVD orders. Section 517(b)(4)(A) of
the Act provides a procedure by which if, during the course of an EAPA
investigation, CBP is unable to determine whether the merchandise at
issue is covered merchandise within the meaning of section 517(a)(3) of
the Act, it shall refer the matter to Commerce to make such a
determination. Section 517(a)(3) of the Act defines covered merchandise
as merchandise that is subject to an antidumping duty order issued
under section 736 of the Act or a countervailing duty order issued
under section 706 of the Act. Section 517(b)(4)(B) of the Act states
that Commerce, after receiving a covered merchandise referral from CBP,
shall determine whether the merchandise is covered merchandise and
promptly transmit its determination to CBP. The Act does not establish
a deadline within which Commerce must issue its determination.
On May 13, 2021, Commerce received a covered merchandise referral
from CBP regarding CBP EAPA Investigation No. 7469 \1\ which concerns
the AD and CVD orders on common alloy aluminum sheet from the People's
Republic of China (China).\2\ CBP explained that Texarkana Aluminum,
Inc. (TKA) alleged that AA Metals, Inc. (AA Metals) imported Chinese-
origin aluminum sheet into the United States that was transshipped
through Turkey after minor processing, and falsely declared it as
Turkish-origin.\3\ CBP stated that TKA alleged that AA Metals imported
Chinese aluminum sheet that was re-rolled to a thinner thickness in
Turkey by Turkish producers PMS Metal Profil Al[uuml]minyum San. ve
Tic. A.[Scedil]. (PMS) and Teknik Al[uuml]minyum Sanayi A.[Scedil].
(Teknik).\4\ CBP's Office of Trade initiated an EAPA investigation on
June 30, 2020, based on the evidence in the allegation submitted by TKA
that reasonably suggested that AA Metals entered aluminum sheet into
the customs territory of the United States by means of evasion.
---------------------------------------------------------------------------
\1\ See Letter from CBP, ``Re: Covered Merchandise Referral
Request for EAPA Investigation 7469, Imported by AA Metals, Inc.:
Antidumping and Countervailing Duty Orders on Common Alloy Aluminum
Sheet from the People's Republic of China,'' dated May 13, 2021
(CBP's EAPA 7469 Letter). Commerce intends to make available this
document and any supporting documents on Enforcement and
Compliance's Antidumping Duty and Countervailing Duty Centralized
Electronic Service System (ACCESS) within five days of publication
of this notice.
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019);
Common Alloy Aluminum Sheet from the People's Republic of China:
Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(collectively, the Orders).
\3\ See CBP's EAPA 7469 Letter at 1-2.
\4\ Id. at 2.
---------------------------------------------------------------------------
CBP informed Commerce that CBP is unable to determine whether the
merchandise at issue is covered merchandise due to the third country
processing in two scenarios: (1) Chinese-origin aluminum sheet of a
thickness a little greater than covered by the scope re-rolled in
Turkey to a thickness covered by the scope; and (2) Chinese-origin
aluminum sheet of a thickness covered by the scope re-rolled in Turkey
to a thickness covered by the scope. CBP further informed Commerce that
AA Metals argues that the Chinese-origin aluminum sheet further
processed in Turkey is not subject to the Orders.\5\
---------------------------------------------------------------------------
\5\ Id. at 2-3.
---------------------------------------------------------------------------
Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above, it will
begin new segments of the proceedings, and intends to issue a
determination regarding whether the merchandise subject to the referral
is covered merchandise within the meaning of section 517(a)(3) of the
Act. Additionally, Commerce intends to provide interested parties with
the opportunity to participate in these segments of the proceedings,
including through the submission of comments, and, if appropriate, new
factual information and verification. Specifically, Commerce will
notify parties on the segment-specific service lists for these segments
of the proceedings of a schedule for comments. In addition, Commerce
may request factual information from any person to assist in making its
determination and may verify submissions of factual information, if
Commerce determines that such verification is appropriate. Commerce
intends to issue a final determination within 120 days of the
publication of this notice (this deadline may be extended if it is not
practicable to complete the final determination within 120 days) and
will promptly transmit its final determination to CBP in accordance
with section 517(b)(4)(B) of the Act.
Commerce may consider conducting a separate anti-circumvention
inquiry regarding the merchandise described in CBP's covered
merchandise referral, if parties submit the necessary information
addressing the criteria for an anti-circumvention inquiry, in
accordance with section 781 of the Act. Interested parties are
requested to file such comments and information onto the record of this
proceeding within 30 days of the publication of this notice in the
Federal Register.
Parties are also hereby notified that this may be the only notice
that Commerce intends to publish in the Federal Register concerning
this covered merchandise referral. Interested parties that wish to
participate in these segments of the proceedings, and receive notice of
the final determination, must submit their letters of appearance as
discussed below. Further, any party desiring access to business
proprietary information in these segments of the proceedings must file
an application for access to business proprietary information under
administrative protective order (APO), as discussed below.
Finally, we note that covered merchandise referrals constitute a
new type of segment of a proceeding at Commerce, and therefore Commerce
intends to develop its practice and procedures in this area as it gains
more experience.
Scope of the Orders
The merchandise covered by these orders is aluminum common alloy
sheet (common alloy 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
[[Page 47474]]
sheet within the scope of the orders 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.
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 orders if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of the orders 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, or H-391 temper. In addition, aluminum can stock has a
lubricant applied to the flat surfaces of the can stock to facilitate
its 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, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.3095, 7606.91.6080, 7606.91.6095, 7606.92.3090,
7606.92.3035, 7606.92.6080, and 7606.92.6095. Further, merchandise that
falls within the scope of the orders may also be entered into the
United States under HTSUS subheadings 7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3030, 7606.12.3035, 7606.91.3055, 7606.91.3060,
7606.91.6040, 7606.91.6055, 7606.92.3025, 7606.92.3060, 7606.92.6040,
7606.92.6055, and 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the orders is dispositive.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\6\ An electronically filed document must be received
successfully in its entirety by the applicable deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\7\ Each
submission must be placed on the record of the segment of the
proceeding for each order, i.e., for the AD order (A-570-073) and the
CVD order (C-570-074).
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\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in these segments of
the proceedings and to be added to the public service lists for these
segments of the proceedings must file a letter of appearance in
accordance with 19 CFR 351.103(d)(1), with one exception: The parties
to EAPA investigation 7469 publicly identified by CBP in the covered
merchandise referral referenced above (TKA and AA Metals) \8\ are not
required to submit a letter of appearance, and will be added to the
public service list for these segments of the proceedings by Commerce.
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\8\ See CBP's EAPA 7496 Letter at 5.
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Commerce placed an APO on the record on August 18, 2021,\9\ and
established the APO service lists for use in these segments. Commerce
intends to place the covered merchandise referral letter on the records
of these segments in ACCESS within five days of publication of this
notice.
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\9\ See Memorandum, ``Request for Establishment of
Administrative Protective Order: Antidumping and Countervailing Duty
Orders on Common Alloy Aluminum Sheet from the People's Republic of
China: (A-570-073/C-570-074),'' dated August 18, 2021.
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Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to these segments
of the proceedings, with one exception: APO applicants representing the
parties that have been identified by CBP as an importer in the covered
merchandise referral (referenced above) are exempt from the additional
filing requirements for importers pursuant to 19 CFR 351.305(d).
Dated: August 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-18282 Filed 8-24-21; 8:45 am]
BILLING CODE 3510-DS-P