[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65356-65358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22814]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-835]


Common Alloy Aluminum Sheet From Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that common alloy aluminum sheet (aluminum sheet) from Indonesia is 
being, or is 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. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable October 15, 2020.

FOR FURTHER INFORMATION CONTACT: Glenn Bass Jr. or John Drury, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8338 and (202) 482-0195, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 7, 
2020.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \1\ See 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, 85 FR 19444 (April 7, 2020) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Common 
Alloy Aluminum Sheet from Indonesia'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum sheet from 
Indonesia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\5\
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice.
    \5\ 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.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available, with 
adverse inferences, for Pt. Alumindo Light Metal Industry Tbk (Pt. 
Alumindo). For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

[[Page 65357]]

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use ``any 
reasonable method'' to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    Commerce has preliminarily determined the estimated dumping margin 
for the individually examined respondent (i.e., Pt. Alumindo) entirely 
under section 776 of the Act. Consequently, pursuant to section 
735(c)(5)(B) of the Act, and consistent with Commerce's practice, the 
all-others rate in this preliminary determination is based on the only 
dumping margin alleged in the petition.\6\ For a full description of 
the methodology underlying Commerce's analysis, see the Preliminary 
Decision Memorandum.
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    \6\ See Petition at 4.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Pt. Alumindo Light Metal Industry Tbk.......................       32.12
All Others..................................................       32.12
------------------------------------------------------------------------

Critical Circumstances

    On September 4, 2020, the petitioners \7\ filed timely critical 
circumstances allegations, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the subject merchandise from Indonesia, Oman, 
Taiwan, and Turkey.\8\
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    \7\ The petitioners are the Aluminum Association Common Alloy 
Aluminum Sheet Working Group and its individual members. The 
individual members include Aleris Rolled Products, Inc.; Arconic, 
Inc.; Constellium Rolled Products Ravenswood, LLC; JW Aluminum 
Company; Novelis Corporation; and Texarkana Aluminum, Inc.
    \8\ See Petitioners' Letter, ``Antidumping Investigations of 
Common Alloy Aluminum Sheet from Indonesia, Oman, Taiwan, and 
Turkey--Petitioners' Allegation of Critical Circumstances,'' dated 
September 4, 2020.
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    Section 733(e)(1) of the Act provides that Commerce will 
preliminarily determine that critical circumstances exist in a LTFV 
investigation if there is a reasonable basis to believe or suspect 
that: (A) Either (i) there is a history of dumping and material injury 
by reason of dumped imports in the United States or elsewhere of the 
subject merchandise, or (ii) the person by whom, or for whose account, 
the merchandise was imported knew or should have known that the 
exporter was selling the subject merchandise at less than its fair 
value and that there was likely to be material injury by reason of such 
sales; and (B) there have been massive imports of the subject 
merchandise over a relatively short period. We preliminarily determine 
that critical circumstances exist with respect to imports of aluminum 
sheet from Indonesia.\9\
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    \9\ For a full description of Commerce's preliminary critical 
circumstances determination see the Preliminary Decision Memorandum 
for Indonesia at section ``Critical Circumstances.''
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated dumping 
margin or the estimated all-others rate, as follows: (1) The cash 
deposit rate for the respondent listed above will be equal to the 
company-specific estimated dumping margin determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated dumping margin established 
for that producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers and exporters will be equal to the all-
others rate. These suspension of liquidation instructions will remain 
in effect until further notice.
    Section 733(e)(2) of the Act provides that, given an affirmative 
preliminary determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of: 
(a) The date which is 90 days before the date on which the suspension 
of liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for Pt. Alumindo and for all 
other companies. In accordance with section 733(e)(2)(A) of the Act, 
suspension of liquidation of aluminum sheet from Indonesia as described 
in the ``Scope of the Investigation'' in Appendix I, shall apply to 
unliquidated entries of merchandise from all producers in Indonesia, 
that are entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice, 
the date suspension of liquidation is first ordered.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied 
adverse facts available (AFA) to the only individually examined company 
(i.e., Pt. Alumindo) in this investigation, in accordance with section 
776 of the Act, and because the applied AFA rate is based solely on the 
margin alleged in the petition, there are no calculations to disclose.

Verification

    Because the examined respondent in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines the examined respondent has been uncooperative, we will not 
conduct verification.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than 30 days after the date of publication of the preliminary 
determination, unless the Secretary alters the time limit.\10\ Rebuttal 
briefs,

[[Page 65358]]

limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\11\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements). Commerce has exercised its discretion 
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission 
of case briefs.
    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination.
    Accordingly, Commerce will make its final determination no later 
than 75 days after the signature date of this preliminary 
determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 6, 2020.
Jeffrey I. Kessler,
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 Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
VII. Preliminary Affirmative Determination of Critical Circumstances
VIII. All-Others Rate
IX. Conclusion

[FR Doc. 2020-22814 Filed 10-14-20; 8:45 am]
 BILLING CODE 3510-DS-P