[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22144-22146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08714]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-525-002, C-533-896, C-489-840]


Common Alloy Aluminum Sheet From Bahrain, India, and the Republic 
of Turkey: Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the countervailing duty orders on common alloy 
aluminum sheet (aluminum sheet) from Bahrain, India, and the Republic 
of Turkey (Turkey).

DATES: Applicable April 27, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410 
(Bahrain); Benito Ballesteros at (202) 482-7425 (India); and Gene 
Calvert at (202) 482-3586 (Turkey); AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on March 8, 2021, Commerce published its affirmative 
final determinations that countervailable subsidies are being provided 
to producers and exporters of aluminum

[[Page 22145]]

sheet from Bahrain, India, and Turkey.\1\ On April 20, 2021, the ITC 
notified Commerce of its affirmative final determinations that an 
industry in the United States is materially injured within the meaning 
of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports 
of subject merchandise from Bahrain, India, and Turkey, and its 
negative critical circumstances finding with respect to imports of 
aluminum sheet from Turkey.\2\
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from Bahrain: Final 
Affirmative Countervailing Duty Determination, 86 FR 13333 (March 8, 
2021); Common Alloy Aluminum Sheet from India: Final Affirmative 
Countervailing Duty Determination and Final Negative Critical 
Circumstances Determination, 86 FR 13285 (March 8, 2021); and Common 
Alloy Aluminum Sheet from the Republic of Turkey: Final Affirmative 
Countervailing Duty Determination and Final Affirmative 
Determination of Critical Circumstances, in Part, 86 FR 13315 (March 
8, 2021) (Turkey Final Determination).
    \2\ See ITC Notification Letter, Investigation Nos. 701-TA-639 
and 641-643- and 731-TA-1475-1479, 1481-1483, and 1485-1492 (Final) 
dated April 20, 2021 (ITC Notification Letter).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are aluminum sheet from 
Bahrain, India, and Turkey. For a complete description of the scope of 
these orders, see the appendix to this notice.

Countervailing Duty Orders

    On April 20, 2021, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
subsidized imports of aluminum sheet from Bahrain, India, and 
Turkey.\3\ Therefore, in accordance with section 705(c)(2) of the Act, 
Commerce is issuing these countervailing duty orders. Because the ITC 
determined that imports of aluminum sheet from Bahrain, India, and 
Turkey are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Bahrain, India, and Turkey, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
countervailing duties.
---------------------------------------------------------------------------

    \3\ See ITC Notification Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of aluminum sheet from Bahrain, India, and Turkey. With the 
exception of entries occurring after the expiration of the provisional 
measures period and before the publication of the ITC's final 
affirmative injury determinations, as further described below, 
countervailing duties will be assessed on unliquidated entries of 
aluminum sheet from Bahrain, India, and Turkey entered, or withdrawn 
from warehouse, for consumption on or after August 14, 2020, the date 
of publication of the Preliminary Determinations.\4\
---------------------------------------------------------------------------

    \4\ See Common Alloy Aluminum Sheet from Bahrain: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of 
Final Determination with Final Antidumping Duty Determination, 85 FR 
49636 (August 14, 2020); Common Alloy Aluminum Sheet from India: 
Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Negative Critical Circumstances Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 49631 (August 14, 2020); and Common Alloy 
Aluminum Sheet from the Republic of Turkey: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative 
Determination of Critical Circumstances in Part, and Alignment of 
Final Determination with Final Antidumping Duty Determination, 85 FR 
49629 (August 14, 2020) (Turkey Preliminary Determination) 
(collectively, Preliminary Determinations).
---------------------------------------------------------------------------

    In the investigation of aluminum sheet from Turkey, because 
Commerce's preliminary determination was negative with respect to 
Teknik Aluminyum Sanayi A.S. (Teknik), we did not instruct CBP to 
suspend liquidation of Teknik's entries of aluminum sheet from Turkey 
from the date of the Preliminary Determinations. Commerce's final 
determination concerning aluminum sheet from Turkey, however, was 
affirmative with respect to Teknik and, therefore, we directed CBP to 
suspend liquidation for Teknik's entries from the date of publication 
of the Turkey Final Determination.\5\ Accordingly, with respect to 
Teknik, countervailing duties will continue to be assessed on 
unliquidated entries of aluminum sheet entered, or withdrawn from 
warehouse, for consumption on or after March 8, 2021, the date of 
publication of the Turkey Final Determination.
---------------------------------------------------------------------------

    \5\ See Turkey Final Determination.
---------------------------------------------------------------------------

Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute (or continue) the suspension of liquidation of 
aluminum sheet from Bahrain, India, and Turkey, effective on the date 
of publication of the ITC's final affirmative injury determination in 
the Federal Register, and to assess, upon further instruction by 
Commerce, pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates below. On or after the date of 
publication of the ITC's final injury determination in the Federal 
Register, CBP must require, at the same time as importers would deposit 
estimated normal customs duties on this merchandise, a cash deposit 
equal to the rates listed in the table below. These instructions 
suspending liquidation will remain in effect until further notice. The 
all-others rate applies to all producers or exporters not specifically 
listed, as appropriate.
---------------------------------------------------------------------------

    \6\ Commerce has found Utkal Alumina International Limited to be 
cross-owned with Hindalco Industries Limited.
    \7\ Commerce has found Kibar Dis Ticaret A.S. and Kibar Holding 
to be cross-owned with Assan Aluminyum Sanayi ve Ticaret A.S.
    \8\ Commerce has found TAC Metal Ticaret A.S. to be cross-owned 
with Teknik Aluminyum Sanayi A.S.

                                 Bahrain
------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Gulf Aluminium Rolling Mill B.S.C...........................        6.44
All Others..................................................        6.44
------------------------------------------------------------------------


                                  India
------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Hindalco Industries Limited \6\.............................       35.25
Manaksia Aluminium Company Limited..........................        4.89
All Others..................................................       30.15
------------------------------------------------------------------------


                                 Turkey
------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\7\...................        2.56
Teknik Aluminyum Sanayi A.S.\8\.............................        4.34
All Others..................................................        3.45
------------------------------------------------------------------------

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of aluminum sheet from Turkey, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated countervailing duties with respect to 
entries of aluminum sheet from Turkey, entered or withdrawn from 
warehouse, for consumption on or after May 16, 2020 (i.e., 90 days 
prior to the date of publication of the Turkey Preliminary 
Determination), but before August 14, 2020 (i.e., the date of the 
publication of the Turkey Preliminary Determination).

[[Page 22146]]

Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigations, Commerce 
published the Preliminary Determinations on August 14, 2020. Therefore, 
the four-month period beginning on the date of the publication of the 
Preliminary Determinations ended on December 11, 2020.
    In accordance with section 703(d) of the Act, we instructed CBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of aluminum sheet 
from Bahrain, India, and Turkey entered, or withdrawn from warehouse, 
for consumption after December 11, 2020, the final day on which the 
provisional measures were in effect, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register.\9\ Suspension of liquidation 
will resume on the date of publication of the ITC's final determination 
in the Federal Register.
---------------------------------------------------------------------------

    \9\ As explained above, in the investigation of aluminum sheet 
from Turkey, Commerce's preliminary determination was negative with 
respect to Teknik, but Commerce's final determination with respect 
to Teknik was affirmative. Accordingly, we directed CBP to suspend 
liquidation for Teknik's entries from the date of publication of the 
Turkey Final Determination and, at the time of publication of this 
order, we have not issued instructions pertaining to the expiration 
of provisional measures for Teknik.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to aluminum sheet from Bahrain, India, and Turkey pursuant to section 
706(a) of the Act. Interested parties can find a list of countervailing 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: April 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders is 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 these 
orders 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 these orders if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of these orders 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, 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 these orders 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 these orders is dispositive.

[FR Doc. 2021-08714 Filed 4-26-21; 8:45 am]
BILLING CODE 3510-DS-P