[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13304-13305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04738]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-835]


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

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 Indonesia are 
being, or are 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: John K. 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) 482-0195.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register its 
Preliminary Determination.\1\ On November 6, 2020, we postponed the 
final determination until March 1, 2021.\2\ The petitioner in this 
investigation is the Aluminum Association Common Alloy Aluminum Sheet 
Working Group and its individual members: Aleris Rolled Products, Inc.; 
Arconic, Inc.; Constellium Rolled Products Ravenswood, LLC; JW Aluminum 
Company; Novelis Corporation; and Texarkana Aluminum, Inc. (the 
petitioner). The mandatory respondent in this investigation is Pt. 
Alumindo Light Metal Industry Tbk (Pt. Alumindo). We provided 
interested parties an opportunity to comment on the Preliminary 
Determination. We received no comments. As such, this final 
determination is unchanged from the Preliminary Determination. Commerce 
conducted this investigation in accordance with section 733(b) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Common Alloy Aluminum Sheet from Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, 85 
FR 65356 (October 15, 2020) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM),
    \2\ See Common Alloy Aluminum Sheet from Indonesia and Romania: 
Postponement of Final Determinations of Less-Than-Fair-Value 
Investigations, 85 FR 71049 (November 6, 2020).
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Scope of the Order

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

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 the Appendix to this notice 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 hereby adopted by, this notice (Final Scope 
Decision Memorandum).
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Verification

    Because the mandatory respondent in this investigation did not 
provide necessary information requested by Commerce, we did not conduct 
verification.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Commerce has made no changes to the Preliminary Determination. As 
stated in the Preliminary Determination, we found that the application 
of facts available with an adverse inference with respect to the 
mandatory respondent, i.e., Pt. Alumindo, was warranted, in accordance 
with sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.\5\
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    \5\ See Preliminary Determination.
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Final Determination of Critical Circumstances

    In the Preliminary Determination, we preliminarily found that 
critical circumstances exist with respect to imports of subject 
merchandise from Indonesia.\6\ Commerce received no comments regarding 
this issue after the Preliminary Determination. Thus, for this final 
determination, we continue to find that critical circumstances exist 
with respect to imports of subject merchandise from Indonesia.
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    \6\ Id. at 65357.
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All-Others Rate

    As discussed in the Preliminary Determination, in accordance with 
section 735(c)(5)(B) of the Act, Commerce 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 the 
Preliminary Determination was based on the only dumping margin alleged 
in the petition (i.e., 32.12 percent). No parties commented on this 
issue and we made no changes to the all-others rate for this final 
determination.\7\
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    \7\ Id.
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Pt. Alumindo Light Metal Industry Tbk.......................       32.12
All Others..................................................       32.12
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[[Page 13305]]

Disclosure

    The estimated weighted-average dumping margin assigned to the 
mandatory respondent in this investigation in the Preliminary 
Determination was based on adverse facts available, and Commerce 
described the method it used to determine the adverse facts available 
rate in the Preliminary Determination. Because we have made no changes 
to this margin since the Preliminary Determination, no disclosure of 
calculations is necessary for 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 
Indonesia, as described in the ``Scope of the Investigation'' section 
above, 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 for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the respondent listed 
above will be equal to the respondent-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 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. 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 the final determination in this 
proceeding 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 common alloy aluminum sheet 
from Indonesia no later than 45 days after our final determination. If 
the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated, and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, Commerce intends to 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.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
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 notification of the 
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 violation subject to sanction.

Notification to Interested Parties

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

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

Appendix--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.

[FR Doc. 2021-04738 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P