13320 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet From 

Romania: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, 85 FR 65358 

(October 15, 2020) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Common Alloy Aluminum Sheet 

From Romania,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

3See Common Alloy Aluminum Sheet From 

Indonesia and Romania: Postponement of Final 

Determinations of Less-Than-Fair-Value 

Investigations, 85 FR 71049 (November 6, 2020). 

4See Memorandum, ‘‘Antidumping and 

Countervailing Duty Investigations of 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). 

5See 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). 

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 Sections in the 

Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Application of Total Adverse 

Facts Available 

Comment 2: Date of Sale 

V. Recommendation 

[FR Doc. 2021–04731 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–485–809] 

Common Alloy Aluminum Sheet From 

Romania: Final 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 Romania 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: 

Krisha Hill, AD/CVD Operations, Office 

IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4037. 

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 Romania.1 Commerce 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 On 

November 6, 2020, Commerce 

postponed the final determination to 

March 1, 2021.3

Scope of the Investigation 

The products covered by this 

investigation are aluminum sheet from 

Romania. 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.4 We received comments 

from interested parties on the 

Preliminary Scope Decision 

Memorandum, which we address in the 

Final Scope Decision Memorandum.5

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 sections of 

the Issues and Decision Memorandum 

are in Appendix II of this notice. 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 

Because Alro, SA stated prior to the 

Preliminary Determination that it would 

not respond to Commerce’s request for 

information, we did not conduct a 

verification of Alro, SA’s information. 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13321 

6See Issues and Decision Memorandum for 

details. 

7See, e.g., Notice of Preliminary Determinations 

of Sales at Less Than Fair Value: Sodium Nitrite 

from the Federal Republic of Germany, 73 FR 

21909, 21912 (April 23, 2008), unchanged in Notice 

of Final Determination of Sales at Less Than Fair 

Value: Sodium Nitrite from the Federal Republic of 

Germany, 73 FR 38986, 38987 (July 8, 2008), and 

accompanying Issues and Decision Memorandum at 

Comment 2; see also Notice of Final Determination 

of Sales at Less Than Fair Value: Raw Flexible 

Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 

2008); Steel Threaded Rod from Thailand: 

Preliminary Determination of Sales at Less Than 

Fair Value and Affirmative Preliminary 

Determination of Critical Circumstances, 78 FR 

79670, 79671 (December 31, 2013), unchanged in 

Steel Threaded Rod from Thailand: Final 

Determination of Sales at Less Than Fair Value and 

Affirmative Final Determination of Critical 

Circumstances, 79 FR 14476, 14477 (March 14, 

2014); and Polyethylene Terephthalate Resin from 

Pakistan: Final Determination of Sales at Less Than 

Fair Value, 83 FR 48281, 48282 (September 24, 

2018). 

8On April 8, 2020, Alro, SA and its affiliate 

Vimetco Management Romania, SRL, notified 

Commerce that ‘‘Vimetco Group’’ is not a legal 

entity but that the name reflects a collection of 

companies including Alro, SA. Additionally, Alro, 

SA noted that its name is ‘‘Alro, SA’’ rather than 

‘‘Alro, S.A.’’ as stated in the Initiation Notice. See 

Alro, SA’s Letter, ‘‘Common Alloy Aluminum 

Sheets from Romania, A–385–809; Clarification of 

Company Names,’’ dated April 8, 2020. Given that 

Vimetco Group is not a legal entity but refers to a 

group of companies in which Alro, SA is the only 

producer, seller, and exporter of aluminum sheet, 

we have assigned the dumping rate to Alro, SA. 

Use of Adverse Facts Available 

In the Preliminary Determination, 

Commerce found that the mandatory 

respondent, Alro, SA, failed to comply 

with Commerce’s request for 

information, which significantly 

impeded the investigation. Further, 

Commerce found that Alro, SA failed to 

cooperate to the best of its ability in this 

investigation. Therefore, in the 

Preliminary Determination, pursuant to 

sections 776(a) and (b) of the Act, 

Commerce assigned Alro, SA a rate 

based on adverse facts available (AFA). 

We have continued to find that the 

application of AFA, pursuant to sections 

776(a) and (b) of the Act is warranted in 

determining Alro, SA’s weightedaverage dumping margin. 

In the Preliminary Determination, as 

AFA, we assigned Alro, SA, as an 

estimated weighted-average dumping 

margin, a dumping margin equal to the 

highest non-aberrational individual 

dumping margin determined for Alro, 

SA based on an average-to-transaction 

comparison. For the final determination, 

we have based the AFA rate for Alro, SA 

on the highest non-aberrational 

individual dumping margin determined 

for Alro, SA based on an average-toaverage comparison.6 Because this rate 

is not secondary information, but rather 

is based on information obtained in the 

course of the investigation, Commerce 

need not corroborate this rate pursuant 

to section 776(c) of the Act. 

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. 

Commerce has determined the 

estimated dumping margin for the sole 

respondent, Alro, SA, entirely under 

section 776 of the Act. Consequently, 

pursuant to section 735(c)(5)(B) of the 

Act, Commerce’s normal practice under 

these circumstances has been to 

calculate the all-others rate as a simple 

average of the alleged dumping margins 

from the petition.7 However, there is 

only one dumping margin in the 

petition for this investigation. Therefore, 

we used that rate as the all-others rate. 

Final Determination 

Pursuant to section 735 of the Act, the 

final estimated dumping margins are as 

follows: 

Exporter/producer 

Estimated 

dumping 

margin 

(percent) 

Alro, SA8 .................................... 37.26 

All Others .................................... 12.51 

Disclosure 

In accordance with 19 CFR 

351.224(b), within five days of the date 

of publication of this notice in the 

Federal Register, we intend to disclose 

to parties in this proceeding the 

calculations performed in 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 Romania, as 

described in Appendix I of this notice, 

which were 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 following: (1) The cash deposit rate 

for Alro, SA will be equal to the 

respondent-specific estimated dumping 

margin listed for Alro, SA in the table; 

(2) if the exporter is not identified in the 

table above but Alro, SA is the 

producer, then the cash deposit rate will 

be equal to the respondent-specific 

estimated dumping margin established 

for Alro, SA; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated dumping margin listed in the 

table above. 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 this 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 aluminum sheet from 

Romania no later than 45 days after this 

final determination. If the ITC 

determines that such injury does not 

exist, this proceeding will be 

terminated, 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 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, 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 


jbell on DSKJLSW7X2PROD with NOTICES
13322 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Certain Steel Nails from the Republic of 

Korea: Preliminary Results of Antidumping Duty 

Administrative Review and Partial Rescission of 

Antidumping Duty; 2018–2019, 85 FR 69576 

(November 3, 2020) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 2018– 

2019 Administrative Review of the Antidumping 

Duty Order on Certain Steel Nails from the Republic 

of Korea,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3The shaft length of certain steel nails with flat 

heads or parallel shoulders under the head shall be 

measured from under the head or shoulder to the 

tip of the point. The shaft length of all other certain 

steel nails shall be measured overall. 

4See Issues and Decision Memorandum. 

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 

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 Sections in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Discussion of the Issue 

IV. Recommendation 

[FR Doc. 2021–04742 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–874] 

Certain Steel Nails From the Republic 

of Korea: Final Results of Antidumping 

Duty Administrative Review; 2018– 

2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that sales of 

certain steel nails (nails) from the 

Republic of Korea (Korea) were made at 

below normal value during the period of 

review (POR) July 1, 2018, through June 

30, 2019. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Maisha Cryor at (202) 482–5831 or Eva 

Kim at (202) 482–8283, AD/CVD 

Operations, Office IV, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 3, 2020, Commerce 

published the Preliminary Results in the 

Federal Register.1 We invited interested 

parties to comment on the Preliminary 

Results. For events subsequent to the 

Preliminary Results, see the Issues and 

Decision Memorandum.2

Scope of the Order 

The merchandise covered by this 

order is steel nails having a nominal 

shaft length not exceeding 12 inches.3

Merchandise covered by the order is 

currently classified under the 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings 

7317.00.55.02, 7317.00.55.03, 

7317.00.55.05, 7317.00.55.07, 

7317.00.55.08, 7317.00.55.11, 

7317.00.55.18, 7317.00.55.19, 

7317.00.55.20, 7317.00.55.30, 

7317.00.55.40, 7317.00.55.50, 

7317.00.55.60, 7317.00.55.70, 

7317.00.55.80, 7317.00.55.90, 

7317.00.65.30, 7317.00.65.60 and 

7317.00.75.00. Nails subject to this 

order also may be classified under 

HTSUS subheadings 7907.00.60.00, 

8206.00.00.00 or other HTSUS 

subheadings. While the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

order is dispositive. For a complete 

description of the scope of the order, see 

the Issues and Decision Memorandum.4

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the Issues and Decision Memorandum. 

A list of the issues that parties raised 

and to which we responded is attached 

to this notice as an Appendix. The 

Issues and Decision Memorandum is a 

public document and is on-file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 


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