[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13324-13326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-729-803]


Common Alloy Aluminum Sheet From Egypt: Final 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 Egypt 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: Magd Zalok AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4162.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register its 
preliminary affirmative determination, and postponement of the final 
determination, in the LTFV investigation of aluminum sheet from 
Egypt.\1\ Commerce 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 Egypt: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65382 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \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 Egypt,'' 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 
Egypt. 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 address 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, ``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, 
Republic of 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 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 sections of the Issues and 
Decision Memorandum are in Appendix II of this notice. 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. The signed and electronic versions 
of the Issues and Decision Memorandum are identical in content.

Verification

    Commerce was unable to conduct an on-site verification of the 
information relied upon in making its final determination in this 
investigation as provided for in section 782(i) of the Tariff Act of 
1930, as amended (the Act). Accordingly, we took additional steps in 
lieu of on-site verification and requested additional documentation and 
information after issuing the Preliminary Determination.\5\
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    \5\ See Commerce's Letter to Aluminium Co. of Egypt (Egyptalum) 
and Egyptian Copper Works (Egypt Copper), (collectively, Egyptalum-
Egypt Copper), dated November 6, 2020; see also Egyptalum-Egypt 
Copper's Letter, ``Common Alloy Aluminum Sheet from Egypt: Remote 
Verification Questionnaire Response,'' dated November 16, 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 made 
certain changes to our dumping margin calculations. For a discussion of 
these changes, see the ``Changes Since the Preliminary Determination'' 
section of the Issues and Decision Memorandum.

Use of Adverse Facts Available

    Commerce determined certain movement expenses for Egyptalum-Egypt 
Copper based on adverse facts available pursuant to sections 776(a) and 
(b) of the Act.\6\ For a full description of the methodology underlying 
the final determination, see the Issues and Decision Memorandum.
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    \6\ Commerce determined that Egyptalum and Egypt Copper are a 
single entity. See Memorandum, ``Antidumping Duty Investigation of 
Common Alloy Aluminum Sheet from Egypt: Aluminium Company of Egypt 
(Egyptalum) Preliminary Affiliation and Collapsing Memorandum,'' 
dated October 6, 2020; see also Preliminary Determination PDM).
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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 calculated an individual estimated weighted-average 
dumping margin for Egyptalum-Egypt Copper, the only exporter/producer

[[Page 13325]]

individually examined in this investigation. Because Egyptalum-Egypt 
Copper's dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, we assigned the estimated weighted-average 
dumping margin calculated for Egyptalum-Egypt Copper to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Aluminium Co. of Egypt (Egyptalum)/Egyptian Copper Works       \7\ 12.11
 Company....................................................
All Others..................................................       12.11
------------------------------------------------------------------------

Disclosure
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    \7\ See Memorandum, ``Antidumping Duty Investigation of Common 
Alloy Aluminum Sheet From Egypt: Final Determination Margin 
Calculation for Egyptalum-Egypt Copper,'' dated concurrently with, 
and hereby adopted by, this notice.
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    In accordance with 19 CFR 351.224(b), within five days of the date 
of publication of this notice in the Federal Register, we intend to 
disclose to parties in this proceeding the calculations performed in 
this final determination.

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 liquidation of all appropriate entries of aluminum sheet from 
Egypt, as described in Appendix I of this notice, which were 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), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the following: (1) The cash deposit 
rate for the respondent listed in the table above will be equal to the 
respondent-specific estimated weighted-average dumping margin listed 
for the respondent in the table; (2) if the exporter is not identified 
in the table above but the producer is, then the cash deposit rate will 
be equal to the respondent-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 
listed in the table above. 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 this 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, 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 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

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

Appendix I--Scope of the Investigation

    The products covered by this investigation are common alloy 
aluminum sheet, which is a flat-rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut-to-length, regardless of width. Common alloy sheet within the 
scope of this investigation includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a 
chemistry that is consistent with these designations, does not 
remove an otherwise in-scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of this investigation if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In 
addition, aluminum can stock has a lubricant applied to the flat 
surfaces of the can stock to facilitate its movement through 
machines used in the manufacture of beverage cans. Aluminum can 
stock is properly classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025,

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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 Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: International Freight Expenses (INTNFRU)
    Comment 2: Freight Revenue Cap (FREIGHTREVH)
    Comment 3: Inland Freight to The Port of Exportation (DINLFTPU)
    Comment 4: U.S. Credit Expenses
    Comment 5: Interest Expense Ratio
V. Recommendation

[FR Doc. 2021-04730 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P