[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13298-13300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04722]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-820]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of common alloy aluminum sheet (aluminum sheet) from Spain are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV) for the period of investigation January 1, 2019, through 
December 31, 2019.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
aluminum sheet from Spain, in which we also postponed the final 
determination until March 1, 2021.\1\ We invited interested parties to 
comment on the Preliminary Determination. A summary of the events that 
occurred since Commerce published the Preliminary Determination, may be 
found in the Issues and Decision Memorandum.\2\
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    \1\ See Common Alloy Aluminum Sheet from Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65367 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Common Alloy Aluminum Sheet from Spain,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments.\3\ We received comments 
from interested parties on the Preliminary Scope Decision Memorandum, 
which we addressed in the Final Scope Decision Memorandum.\4\ Commerce 
is not modifying the scope language as it appeared in the Preliminary 
Determination. See Appendix I for the final scope of the investigation.
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    \3\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic 
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, 
Taiwan and Turkey: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated October 6, 2020 (Preliminary 
Scope Decision Memorandum).
    \4\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey: Scope Comments Final Decision Memorandum,'' dated 
concurrently with, and hereby adopted by, this notice (Final Scope 
Decision Memorandum).
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Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\5\
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    \5\ See Commerce's Letter to Aludium Transformaci[oacute]n de 
Productos S.L. (Aludium), ``Request for Documentation,'' dated 
November 20, 2020; see also Aludium's Letter, ``Common Alloy 
Aluminum Sheet from Spain: Aludium Transformaci[oacute]n de 
Productos, S.L.'s Response to the Questionnaire in Lieu of 
Verification,'' dated November 30, 2020.
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Changes Since the Preliminary Determination

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

Use of Adverse Facts Available

    In the Preliminary Determination, pursuant to sections 776(a) and 
(b) of the Act, Commerce relied on partial facts otherwise available, 
with adverse inferences, for Aludium Transformacion de Productos, S.L. 
(Aludium), and entirely on facts otherwise available, with adverse 
inferences for Compania Valenciana de Aluminio Baux S.L.U.

[[Page 13299]]

(Baux). For the final determination, we continue to find that the 
application of partial adverse facts available (AFA), pursuant to 
sections 776(a) and (b) of the Act, is warranted with respect to 
Aludium, and the application of total AFA, pursuant to sections 776(a) 
and (b) of the Act, is warranted with respect to Baux. For a discussion 
of the partial AFA applied to Aludium and the total AFA applied to 
Baux, see the Issues and Decision Memorandum.
    Commerce has assigned to Baux's exports of the subject merchandise 
the rate of 24.23 percent, which is Aludium's highest transaction-
specific margin.\6\ Because this rate is not secondary information, but 
rather is based on information obtained in the course of the 
investigation, Commerce need not corroborate this rate pursuant to 
section 776(c) of the Act.
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    \6\ See Issues and Decision Memorandum.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Commerce has determined a rate for Baux based entirely on section 
776 of the Act. Therefore, the only rate that is not zero, de minimis, 
or based entirely on facts otherwise available is the rate calculated 
for Aludium. Consequently, the rate calculated for Aludium is also 
assigned as the rate for all other producers and exporters.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Aludium Transformacion de Productos, S.L....................        3.80
Compania Valenciana de Aluminio Baux S.L.U./Bancolor Baux       ** 24.23
 S.L.U......................................................
All Others..................................................        3.80
------------------------------------------------------------------------
** AFA.

Disclosure

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

Continuation of Suspension of Liquidation

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

International Trade Commission Notification

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

Notification Regarding Administrative Protective Orders

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

Notification to Interested Parties

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

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

Appendix I--Scope of the Investigation

    The products covered by this investigation are common alloy 
aluminum sheet, which is a flat-rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut-to-length, regardless of width. Common alloy sheet within the 
scope of this investigation includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a 
chemistry that is consistent with these designations, does not 
remove an otherwise in-scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise

[[Page 13300]]

remove the merchandise from the scope of this investigation if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In 
addition, aluminum can stock has a lubricant applied to the flat 
surfaces of the can stock to facilitate its movement through 
machines used in the manufacture of beverage cans. Aluminum can 
stock is properly classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

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

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total or Partial 
Adverse Facts Available (AFA) to Aludium
    Comment 2: Application of Partial AFA to Aludium's Date of Sale
    Comment 3: Whether Section 232 Duties are ``Special Duties''
    Comment 4: Denial of Aludium's Duty Drawback Adjustment
    Comment 5: Substantial Transformation
    Comment 6: Whether Commerce Should Evaluate Differential Pricing 
(DP) on a Monthly Basis
    Comment 7: Whether Commerce Should Have Deselected Baux as a 
Mandatory Respondent
    Comment 8: Whether the Number of Countries Commerce Initiated 
Upon Is Contrary to the World Trade Organization (WTO) Antidumping 
Agreement
V. Recommendation

[FR Doc. 2021-04722 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P