[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13300-13302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04737]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-484-804]


Common Alloy Aluminum Sheet From Greece: Final Negative 
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 Greece are not 
being, or are not 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.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Brian Smith, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2285 or (202) 
482-1766, respectively.

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 Greece, in which we also postponed the final 
determination until March 1, 2021.\1\ We invited interested paties 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\
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from Greece: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65374 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Negative Determination in the Less-Than-Fair-Value 
Investigation of Common Alloy Aluminum Sheet from Greece,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
Greece. 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 
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 the scope language as it appeared in the Preliminary 
Determination. See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Common Alloy Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Rpublic 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 
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).
---------------------------------------------------------------------------

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 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 http://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\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Antidumping Investigation Common 
Alloy Aluminum Sheet from Greece: Elvalhalcor Hellenic Copper and 
Aluminum Industry S.A. In Lieu of Verification Questionnaire,'' 
dated December 11, 2020; see also Elvalhalcor's Letter, 
``Antidumping Investigation of Common Alloy Aluminum Sheet from 
Greece: Elvalhalcor's Response to In Lieu of Verification 
Questionnaire Response,'' dated December 21, 2020.

---------------------------------------------------------------------------

[[Page 13301]]

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 Elval Hellenic Aluminum 
Industry S.A (Elvalhalcor). For a discussion of these changes, see the 
``Changes from the Preliminary Determination'' section of the Issues 
and Decision Memorandum.

Final Determination of No Shipments

    Commerce preliminarily determined that Argiropoulos B.A.E.E. 
(Argiropoulos) had no shipments of the subject merchandise to the 
United States during the POI.\6\ There is no new information on the 
record that would cause us to revisit our determination of no shipments 
for this company. Accordingly, Commerce will issue appropriate 
instructions to U.S. Customs and Border Protection (CBP).
---------------------------------------------------------------------------

    \6\ See Preliminary Determination PDM at 5.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Elval Hellenic Aluminum Industry S.A./ Elval Colour S.A./           0.00
 Symetal S.A. \7\...........................................
------------------------------------------------------------------------

    Because the only weighted-average dumping margin is zero, we 
determine that aluminum sheet from Greece is not being, or is not 
likely to be, sold in the United States at LTFV. Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters pursuant to sections 735(c)(1)(B) and (c)(5) of 
the Act because it has not made a final affirmative determination of 
sales at LTFV.
---------------------------------------------------------------------------

    \7\ Commerce determined that Elval Hellenic Aluminum Industry 
S.A., Elval Colour S.A. and Symetal S.A. are a single entity. See 
Preliminary Determination PDM.
---------------------------------------------------------------------------

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).

Suspension of Liquidation

    In the Preliminary Determination, Commerce determined a weighted-
average dumping margin for Elvalhalcor that was above de minimis . 
Therefore, we instructed CBP to suspend liquidation of entries of 
aluminum sheet from Greece as of October 15, 2020, the date of 
publication of the Preliminary Determination.\8\ Because Commerce has 
made a final negative determination of sales at LTFV with regard to the 
subject merchandise, Commerce will instruct CBP to terminate suspension 
of liquidation and refund any cash deposits of estimated antidumping 
duties for entries of aluminum sheet from Greece.
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 85 FR at 65375.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission of our final determination. As our final 
determination is negative, this proceeding is terminated in accordance 
with section 735(c)(2) of the Act.

Notification Regarding Administrative Protective Orders

    This notice will serve as a 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 terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    This determination is 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 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

[[Page 13302]]

III. Changes from the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Adverse Facts Available (AFA) is Appropriate 
for Elvalhalcor
    Comment 2: Application of Major Input Rule
    Comment 3: Selling Expense Adjustment to the Cost of Manufacture 
(COM)
    Comment 4: Adjusting COM With Amounts Related to Losses on 
Derivatives
    Comment 5: Reconciliation of April 2019 U.S. Sales
    Comment 6: Warranty Expenses
    Comment 7: Home Market Rebates
    Comment 8: Home Market Inland Freight Expenses
    Comment 9: Packing Expenses
    Comment 10: Comparisons Between Alloy Products
    Comment 11: Home Market Credit Expenses
    Comment 12: U.S. Indirect Selling Expenses for Sales Through 
International Trade
    Comment 13: Adjustment Made to Other Disounts for Certain Home 
Market Sales
    Comment 14: Use of Quarterly Costs in Differential Pricing 
Analysis
V. Recommendation

 [FR Doc. 2021-04737 Filed 3-5-21; 8:45 am]
 BILLING CODE 3510-DS-P