13326 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See 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). 

2See 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). 

3See 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). 

4See 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). 

5See 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. 

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 

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

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. 

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 onsite 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

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 weightedaverage 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 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13327 

6With two respondents under examination, 

Commerce normally calculates: (A) A weightedaverage of the estimated weighted-average dumping 

margins calculated for the examined respondents; 

(B) a simple average of the estimated weightedaverage 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. 

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. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Assan Aluminyum Sanayi ve 

Ticaret A.S .............................. 2.02 

Teknik Aluminyum Sanayi A.S ... 13.56 

All Others .................................... 4.85 

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 allothers 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 allothers 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 


jbell on DSKJLSW7X2PROD with NOTICES
13328 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet from the 

Sultanate of Oman: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Negative Determination of Critical Circumstances, 

and Postponement of Final Determinations, 85 FR 

65340 (October 15, 2020) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum in the Less-Than-Fair-Value 

Investigation of Common Alloy Aluminum Sheet 

from the Sultanate of Oman,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

3See 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). 

4See 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). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–523–814] 

Common Alloy Aluminum Sheet From 

the Sultanate of Oman: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Negative 

Determination 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 the Sultanate of 

Oman (Oman) 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: 

Chelsey Simonovich, 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) 482–1979. 

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 Oman, in which we also 

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

Scope of the Investigation 

The products covered by this 

investigation are aluminum sheet from 

Oman. 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. 

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 onsite verification of the information 

relied upon in making its final 


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