[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19444-19449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07179]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-525-001, A-351-854, A-891-001, A-729-803, A-428-849, A-484-804, A-
533-895, A-560-835, A-475-842, A-580-906, A-523-814, A-485-809, A-801-
001, A-856-001, A-791-825, A-469-820, A-583-867, A-489-839]
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 the Republic
of Turkey: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 30, 2020.
FOR FURTHER INFORMATION CONTACT: Allison Hollander at (202) 482-2805
(Bahrain); Shanah Lee at (202) 482-6386 (Brazil); Irene Gorelik at
(202) 482-6905 (Croatia); Magd Zalok at (202) 482-4162 (Egypt);
Jonathan Hill at (202) 482-3518 (Germany); Samantha Kinney at (202)
482-2285 (Greece); Jasun Moy at (202) 482-8194 (India); Preston Cox at
(202) 482-5041 (Indonesia); Kathryn Wallace at (202) 482-6251 (Italy);
Annathea Cook at (202) 482-0250 (Republic of Korea (Korea)); Chelsey
Simonovich at (202) 482-1979 (Oman); Krisha Hill at (202) 482-4037
(Romania); Katherine Johnson at (202) 482-4929 (Serbia); Allison
Hollander at (202) 482-2805 (Slovenia); Peter Zukowski at (202) 482-
0189 (South Africa); Rachel Greenberg at (202) 482-0652 (Spain);
Kathryn Turlo at (202) 482-3870 (Taiwan); and Sean Carey at (202) 482-
3964 (Republic of Turkey (Turkey)); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 9, 2020, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of common
alloy aluminum sheet (aluminum sheet) from Bahrain, Brazil, Croatia,
Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey filed in
proper form on behalf the petitioners,\1\ domestic producers of
aluminum sheet.\2\ The Petitions were accompanied by countervailing
duty (CVD) petitions concerning imports of aluminum sheet from Bahrain,
Brazil, India and Turkey.\3\
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\1\ The Aluminum Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group and its Individual Members, Aleris Rolled
Products, Inc., Arconic, Inc., Constellium Rolled Products
Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and
Texarkana Aluminum, Inc.
\2\ See Petitioners' Letter, ``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--Petition for the Imposition of Antidumping and
Countervailing Duties,'' dated March 9, 2020 (the Petitions).
\3\ Id.
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Between March 12 and 20, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioners filed responses to the
supplemental questionnaires between March 16 through 23, 2020.\5\
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\4\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of 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: Supplemental Questions,'' dated March 13, 2020
(General Issues Supplemental); and country specific supplemental
questionnaires: Bahrain Supplemental, Brazil Supplemental, Croatia
Supplemental, Egypt Supplemental, Germany Supplemental, Greece
Supplemental, India Supplemental, Indonesia Supplemental, Italy
Supplemental, Korea Supplemental, Oman Supplemental, Romania
Supplemental, Serbia Supplemental, Slovenia Supplemental, South
Africa Supplemental, Spain Supplemental, Taiwan Supplemental, and
Turkey Supplemental, dated March 12, 2020 or March 13, 2020; see
also country-specific Memoranda regarding telephone conversation
with counsel for the petitioners, dated March 20, 2020.
\5\ See Petitioners' First country-specific Supplemental
Responses, dated March 16, 2020 through March 18, 2020; see also
Petitioners' Letter, ``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--Petitioners' Amendments to Volume I Relating to General
Issues,'' dated March 17, 2020 (General Issues Supplement);
Petitioners' Letters, ``Petitioners' Revised Confidential Foreign
Market Research Declarations,'' dated between March 17, 2020 and
March 18, 2020; Second country-specific Supplemental Responses,
dated March 20, 2020 through March 23, 2020; and the petitioners'
Letter, ``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--
Petitioners' Second Amendment to Volume I Relating to General
Issues,'' dated March 23, 2020 (Second General Issues Supplement).
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[[Page 19445]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of aluminum
sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India,
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the domestic
aluminum sheet industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (F) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigations.\6\
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\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
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Period of Investigations
Because the Petitions were filed on March 9, 2020, the period of
investigation (POI) for these AD investigations is January 1 through
December 31, 2019, pursuant to 19 CFR 351.204(b)(1).\7\
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\7\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations
The products covered by these investigations are aluminum sheet
from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India,
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on April 20, 2020, which is 20 calendar days from the signature
date of this notice.\10\ Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on April 30, 2020,
which is ten calendar days from the initial comment deadline.\11\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ Commerce practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, April 20, 2020). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
\11\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also 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%20Filling%20Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of aluminum sheet to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe aluminum sheet, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on April 20,
2020, which is 20 calendar days from the signature date of this
notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on
April 30, 2020. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on
[[Page 19446]]
the record of each of the AD investigations.
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\13\ See 19 CFR 351.303(b). Commerce practice dictates that
where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in this instance,
April 20, 2020). See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that aluminum sheet, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Volume I of the Petitions at 13-15.
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see country-specific AD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering 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 (Attachment II).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their 2019 production of the domestic like product.\18\ In addition,
the petitioners provided 2019 production data for and a letter of
support from Jupiter Aluminum Corporation.\19\ The petitioners
estimated the production of the domestic like product for the entire
domestic industry based on shipment data collected by the Aluminum
Association, and the Aluminum Association's knowledge of the
industry.\20\ We relied on data provided by the petitioners for
purposes of measuring industry support.\21\
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\18\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3.
\19\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also Second General Issues Supplement.
\20\ See Volume I of the Petitions at 4 and Exhibits GEN-2 and
GEN-3; see also General Issues Supplement at 3.
\21\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3. For further discussion, see
Attachment II of the country-specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\22\
First, the Petitions established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, Commerce is not required to
take further action in order to evaluate industry support (e.g.,
polling).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\24\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\25\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\26\
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\22\ Id.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3. For further discussion, see
Attachment II of the country-specific AD Initiation Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with regard to Oman, Germany,
Bahrain, Indonesia, Taiwan, Turkey, India, South Africa, Korea, Brazil,
and Greece, the petitioners allege that subject imports exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\27\ With regard to Italy, Spain, Egypt, Slovenia, Romania,
Croatia, and Serbia, while the allegedly dumped imports from each of
these countries do not individually exceed the statutory requirements
for negligibility, the petitioners provide data demonstrating that the
aggregate import share from these five countries is 9.7 percent, which
exceeds the seven percent threshold established by the exception in
section 771(24)(A)(ii) of the Act.\28\
[[Page 19447]]
Therefore, the subject imports from these countries are not negligible
for purposes of the material injury analysis in these Petitions.\29\
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\27\ See Volume I of the Petitions at 15-17 and Exhibit GEN-9.
\28\ Section 771(24)(A)(ii) of the Act states ``{i{time} mports
that would otherwise be negligible under clause (i) shall not be
negligible if the aggregate volume of imports of the merchandise
from all countries described in clause (i) with respect to which
investigations were initiated on the same day exceeds 7 percent of
the volume of all such merchandise imported in to the United States
during the applicable 12-month period.''
\29\ See Volume I of the Petitions at 15-16 and Exhibit GEN-9.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; declining capacity utilization; a declining
number of production and related workers; and a decline in financial
performance and profitability.\30\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\31\
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\30\ See Volume I of the Petitions at 22-37 and Exhibits GEN-7,
and GEN-10 through GEN-15.
\31\ See country-specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petition Petitions Covering
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
(Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of aluminum sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia,
Slovenia, South Africa, Spain, Taiwan, and Turkey. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the country-specific AD
Initiation Checklists.
U.S. Price
For all countries, the petitioners based export price (EP) or
constructed export price (CEP) (as applicable), on pricing information
for sales of, or sales offers for, aluminum sheet produced in and
exported from each country. The petitioners made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price.\32\
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\32\ See country-specific AD Initiation Checklists.
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Normal Value \33\
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\33\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015, amending section 773(b)(2) of the Act, for
these investigations, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product. Commerce no longer
requires a COP allegation to conduct this analysis.
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For Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India,
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, Spain,
Taiwan, and Turkey, the petitioners based NV on a home market price
quote obtained through market research for aluminum sheet produced in
and sold, or offered for sale, in each country within the applicable
time period.\34\ For Oman, the petitioners provided information
indicating that the price quote was below the COP and, therefore, the
petitioners also calculated NV based on constructed value (CV).
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\34\ Id.
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For South Africa, the petitioners were unable to obtain a price
quote for aluminum sheet produced in and sold, or offered for sale, in
South Africa that was usable for comparison to the price of aluminum
sheet exported to the United States from South Africa, nor were third
country prices reasonably available to the petitioners.\35\ The
petitioners therefore calculated NV based on CV.\36\
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\35\ See South Africa AD Initiation Checklist.
\36\ Id.
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For further discussion of CV, see the section ``Normal Value Based
on Constructed Value.''
Normal Value Based on Constructed Value
As noted above, the petitioners were unable to obtain information
relating to the prices charged for aluminum sheet produced in South
Africa and sold in South Africa, or any third country market, and the
price quote obtained for the sale in Oman was below the COP.
Accordingly, the petitioners based NV on CV.\37\ Pursuant to section
773(e) of the Act, the petitioners calculated CV as the sum of the cost
of manufacturing, selling, general, and administrative expenses,
financial expenses, and profit.\38\
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\37\ See country-specific AD Initiation Checklists for details
of calculations.
\38\ See Oman AD Initiation Checklist and South Africa AD
Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of aluminum sheet from Bahrain, Brazil, Croatia,
Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP or CEP, as applicable, to NV in accordance with
sections 772 and 773 of the Act, the estimated dumping margins for
aluminum sheet for each of the countries covered by this initiation are
as follows: (1) Bahrain--58.45 percent; (2) Brazil--17.96 and 27.01
percent; (3) Croatia--13.79 percent; (4) Egypt--31.50 percent; (5)
Germany--37.22 percent; (6) Greece--61.87 percent; (7) India--122.80 to
151.00 percent; (8) Indonesia--32.12 percent; (9) Italy--29.13 percent;
(10) Korea--36.55 and 44.03 percent; (11) Oman--15.90 and 58.17
percent; (12) Romania--12.51 percent; (13) Serbia--25.84 percent; (14)
Slovenia--12.95 percent; (15) South Africa--63.27 percent; (16) Spain--
24.26 percent; (17) Taiwan--27.22 percent; and (18) Turkey--42.88
percent.\39\
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\39\ See country-specific Initiation Checklists for details of
calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of aluminum sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia,
Slovenia, South Africa, Spain, Taiwan, and Turkey are being, or are
likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
In the Petitions, the petitioners named one company in Bahrain, six
companies in Brazil, one company in Croatia, one company in Egypt, 37
companies in Germany, two companies in Greece, 14 companies in India,
four companies in Indonesia, 20 companies in Italy, 25 companies in
Korea, one company in Oman, two companies in Romania, two companies in
Serbia, one company in Slovenia, one company in South Africa, 16
companies in Spain, 12 companies in Taiwan, and 21 companies in Turkey
\40\
[[Page 19448]]
as producers/exporters of aluminum sheet.
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\40\ See Volume I of the Petitions at Exhibit GEN-6.
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Following standard practice in AD investigations involving market
economy countries, in the event Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents in Brazil, Germany, India, Indonesia,
Italy, Korea, Spain, Taiwan, and Turkey based on U.S. Customs and
Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States numbers listed in the
``Scope of the Investigations,'' in the appendix.
On March 24, 2020, Commerce released CBP data on imports of
aluminum sheet from those countries with a large number of companies,
specifically, Brazil, Germany, India, Indonesia, Italy, Korea, Spain,
Taiwan, and Turkey under Administrative Protective Order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on the CBP data must do so within
three business days of the publication date of the notice of initiation
of these investigations.\41\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\41\ See Memoranda, ``Antidumping Duty Investigation of Common
Alloy Aluminum Sheet: Release of Customs Data from U.S. Customs and
Border Protection,'' dated March 24, 2020.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at http://enforcement.trade.gove/apo.
The petitioners identified one company in Bahrain as the producer/
exporter of aluminum sheet (i.e., Gulf Aluminium Rolling Mill Company
(GARMCO)), one company in Croatia as the producer/exporter of aluminum
sheet (i.e., Impol-TLM,d.o.o.), one company in Egypt as the producer/
exporter of aluminum sheet (i.e., Aluminium Co. of Egypt (Egyptalum)),
two companies in Greece as producers/exporters of aluminum sheet (i.e.,
Argiropoulos B.A.E.E and Elval Hellenic Aluminium Industry S.A.), one
company in Oman as the producer/exporter aluminum sheet (i.e., Oman
Aluminium Rolling Company (OARC)), two companies in Romania as
producers/exporters of aluminum sheet (i.e., Alro, S.A. and Vimetco
Group), two companies in Serbia as producers/exporters of aluminum
sheet (i.e., Impol Seval Aluminium Rolling Mill and Otovici Doo), one
company in Slovenia as the producer/exporter of aluminum sheet (i.e.,
Impol 2000, dd and its subsidiary companies including Impol d.o.o. and
Impol FT, d.o.o. (Impol Group)), and one company in South Africa as the
producer/exporter of aluminum sheet (i.e., Hulamin Operations (PtY)
Ltd.), and provided independent third-party information as support.\42\
We currently know of no additional producers/exporters of aluminum
sheet from Bahrain, Croatia, Egypt, Greece, Oman, Romania, Serbia,
Slovenia, or South Africa. Accordingly, Commerce intends to
individually examine all known producers/exporters in the
investigations from these countries (i.e., the companies cited above).
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\42\ See country-specific Supplemental Responses dated March 17,
2020 or March 18, 2020.
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Parties wishing to comment on respondent selection for Bahrain,
Croatia, Egypt, Greece, Oman, Romania, Serbia, Slovenia, or South
Africa must do so within three business days of the publication of this
notice in the Federal Register. Commerce will not accept rebuttal
comments regarding respondent selection for Bahrain, Croatia, Egypt,
Greece, Oman, Romania, Serbia, Slovenia, or South Africa. Comments must
be filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5:00 p.m. ET on the specified deadline.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia,
Slovenia, South Africa, Spain, Taiwan, and Turkey via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of aluminum sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and/or Turkey
are materially injuring, or threatening material injury to, a U.S.
industry.\43\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\44\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \45\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\46\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of CV under section 773(e) of the Act.\47\ Section 773(e) of
the Act states that ``if a particular market situation exists such that
the cost of materials and fabrication or other processing of any kind
does not accurately reflect the cost of production in the ordinary
course of trade, the administering authority may use another
calculation methodology under
[[Page 19449]]
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
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\47\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\48\
Parties must use the certification formats provided in 19 CFR
351.303(g).\49\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\48\ See section 782(b) of the Act.
\49\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\50\
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\50\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these investigations 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 these investigations 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 IXXX-
, 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 these investigations if performed in
the country of manufacture of the common alloy sheet.
Excluded from the scope of these investigations 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 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 these investigations 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 these investigations is dispositive.
[FR Doc. 2020-07179 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P