[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13326-13328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04735]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-842]


Common Alloy Aluminum Sheet From Turkey: 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 common 
alloy aluminum sheet (aluminum sheet) from Turkey is being, or is 
likely to be, sold in the United States at less than fair value (LTFV) 
for the period of investigation (POI) January 1, 2019, through December 
31, 2019.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
aluminum sheet from Turkey, and 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 Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65346 (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 Turkey, and Final 
Negative Determination of Critical Circumstances,'' dated 
concurrently with, and herby 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 
Turkey. 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, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey: Scope Comments Final Decision Memorandum,'' dated 
concurrently with, and herby 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 issues addressed in the Issues 
and Decision Memorandum is attached to this notice at 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. 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, ``In Lieu of Verification 
Supplemental,'' dated December 1, 2020; see also Teknik's Letter, 
``Teknik Aluminyum Sanayi A.S.'s Response to the Questionnaire in 
Lieu of Verification,'' dated December 9, 2020; Commerce's Letter, 
``In Lieu of Verification Supplemental,'' dated December 10, 2020; 
and, Assan's Letter, ``Response to Request for Documents in Lieu of 
Verification,'' dated December 18, 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 the margin calculations. For a discussion of these 
changes, see the ``Changes from the Preliminary Determination'' section 
of the Issues and Decision Memorandum.

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. 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.
    For this final determination, Commerce calculated individual 
estimated weighted-average dumping

[[Page 13327]]

margins for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) and Teknik 
Aluminyum Sanayi A.S. (Teknik), the only individually examined 
exporters/producers in this investigation. Notwithstanding the language 
of section 735(c)(5)(B) of the Act, determining the all-others rate 
using our typical method of calculating the weighted average of the 
estimated weighted average dumping margins for Assan and Teknik risks 
disclosure of proprietary information. Therefore, pursuant to section 
735(c)(5)(B) of the Act, we determine that it is reasonable to 
calculate the all-others rate based on a weighted-average rate of the 
estimated weighted-average dumping margins calculated for Assan and 
Teknik and each company's publicly-ranged values for the merchandise 
under consideration.\6\ This margin was assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.
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    \6\ With two respondents under examination, Commerce normally 
calculates: (A) A weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for producers and exporters not subject to 
individual examination. See Ball Bearings and Parts Thereof from 
France, Germany, Italy, Japan, and the United Kingdom: Final Results 
of Antidumping Duty Administrative Reviews, Final Results of Changed 
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010). For a complete analysis of the 
data, see Memorandum ``Final Determination Calculation for the 
``All-Others' Rate,'' dated concurrently with, and hereby adopted 
by, this notice.
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.......................        2.02
Teknik Aluminyum Sanayi A.S.................................       13.56
All Others..................................................        4.85
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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 liquidation of all appropriate entries of sheet from Turkey, as 
described in Appendix I of this notice, which are 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 equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, as follows: (1) The cash deposit rate for Assan and Teknik will 
be equal to the company-specific estimated weighted-average dumping 
margin 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 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 AD order 
directing CBP to assess, upon further instruction by Commerce, AD 
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

[[Page 13328]]

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. Final Negative Determination of Critical Circumstances
IV. Changes from the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Assan's Eligibility and Calculation of Duty Drawback
    Comment 2: Treatment of Section 232 Duties
    Comment 3: Assan's Cost Database
    Comment 4: Use of Assan's Reported Foreign Inland Freight to 
Port Charges
    Comment 5: Commerce's Price Adjustments for Assan's Marine 
Insurance and Late Payments
    Comment 6: Use of Assan's Reported Home Market Rebate Adjustment
    Comment 7: Use of Assan's Reported Billing Adjustments for 
BILLADJ1U and BILLADJ2U
    Comment 8: Whether Teknik's Freight Expenses Should Have Been 
Reported on a Transaction-Specific Basis
    Comment 9: Teknik's Reported Constructed Export Price (CEP) 
Inventory Carrying Costs
    Comment 10: Teknik's Gains on Debt Restructuring
    Comment 11: Teknik's General and Administrative (G&A) Expense 
Ratio
    Comment 12: Ministerial and Mathematical Errors in Assan's 
Margin Program
    Comment 13: Ministerial Errors in Teknik's Margin Program
    Comment 14: Capping Teknik's Freight Revenue
    Comment 15: Reconciliation of Teknik's U.S. Sales
    Comment 16: Calculation of Teknik's CEP Indirect Selling Expense 
Ratio
VI. Recommendation

[FR Doc. 2021-04735 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P