[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13282-13285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04726]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-895]


Common Alloy Aluminum Sheet From India: 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 imports 
of common alloy aluminum sheet (aluminum sheet) from India 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: Jasun Moy or Nicolas Mayora, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8194 or (202) 482-3053, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
aluminum sheet from India, 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\
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    \1\ See Common Alloy Aluminum Sheet from India: Preliminary 
Affirmative Determination of Sales at Less-Than-Fair-Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65377 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Common Alloy Aluminum Sheet from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum sheet from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

[[Page 13283]]

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 Appendix I for the final scope of the investigation.
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    \3\ See 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).
    \4\ See 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 Final 
Determinations,'' dated concurrently with, and hereby adopted by, 
this notice (Final Scope Decision Memorandum).
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Analysis of Comments Received

    All the 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 as 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/index.html. 
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\
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    \5\ See Commerce's Letter, ``Request for Documentation,'' dated 
November 17, 2020; see also Commerce's Letter, ``Request for 
Documentation,'' dated November 17, 2020; see also Hindalco's 
Letter, ``Common Alloy Aluminum Sheet from India: Hindalco 
Industries Limited's Response to Request for Documentation,'' dated 
November 25, 2020; and MALCO's Letter, ``Common Alloy Aluminium 
Sheet from India: Manaksia Aluminium Company Limited Responding to 
In-Lieu of Verification Questionnaire Response,'' dated November 27, 
2020.
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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 Manaksia Aluminum 
Company Limited (MALCO). For a discussion of these changes, see the 
``Margin Calculations'' section of the Issues and Decision Memorandum.

Use of Adverse Facts Available

    One of the respondents, Hindalco Industries Limited (Hindalco), 
failed to submit a timely response to Commerce's supplemental section A 
questionnaire and did not timely file an extension request. Therefore, 
in the Preliminary Determination, pursuant to sections 776(a) and (b) 
of the Act, Commerce assigned Hindalco a rate based on partial adverse 
facts available (AFA). As discussed in the Issues and Decision 
Memorandum, we continue to find that the application of partial AFA 
pursuant to sections 776(a) and (b) of the Act is warranted with 
respect to Hindalco.\6\
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    \6\ See Issues and Decision Memorandum at Comment 2.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average 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. Commerce has determined that the estimated weighted-average 
dumping margin for MALCO is zero. Therefore, the only rate that is not 
zero, de minimis, or based entirely on facts otherwise available is the 
rate calculated for Hindalco. Consequently, the rate calculated for 
Hindalco is also assigned as the rate for all other producers and 
exporters.\7\
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    \7\ Id. at Comment 19.
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Final Determination

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

------------------------------------------------------------------------
                                               Estimated   Cash deposit
                                               weighted-       rate
                                                average    (adjusted for
             Exporter/ producer                 dumping       subsidy
                                                margin       offsets)
                                               (percent)     (percent)
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Hindalco Industries Limited.................       47.92           44.64
Manaksia Aluminium Company Limited..........        0.00            0.00
All Others..................................       47.92           44.64
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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 the liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, 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, except for those entries of subject 
merchandise produced and exported by MALCO. Because the estimated 
weighted-average dumping margin for MALCO is zero, we will not direct 
CBP to suspend liquidation of entries of the subject merchandise it 
produced and exported.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, we will instruct CBP to require a cash 
deposit for such entries of merchandise equal to the estimated 
weighted-average dumping margin or estimated all-others rate, as 
follows: (1) The cash deposit rate for the respondents listed above 
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 all-others estimated 
weighted-average dumping margin. These suspension of liquidation

[[Page 13284]]

instructions will remain in effect until further notice.
    Because the estimated weighted-average dumping margin for MALCO is 
zero, entries of shipments of subject merchandise from this company 
will not be subject to suspension of liquidation or cash deposit 
requirements. In such situations, Commerce also applies the exclusion 
from the provisional measures to the producer/exporter combination that 
was examined in the investigation. Accordingly, Commerce will direct 
CBP not to suspend liquidation of entries of subject merchandise 
produced and exported by MALCO. However, entries of shipments of 
subject merchandise from this company in any other producer/exporter 
combination (i.e., where MALCO is either the producer or the exporter, 
but not both), or by third parties that sourced subject merchandise 
from the excluded producer/exporter combination, will be subject to 
suspension of liquidation at the all-others rate.
    Because the estimated weighted-average dumping margin is zero for 
the producer/exporter combination identified above, entries of 
shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty (AD) 
order. Such an inclusion will not be applicable to merchandise exported 
to the United States by this respondent in any other producer/exporter 
combination or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce made an affirmative 
determination for countervailable export subsidies (i.e., Advanced 
Authorization Program, Duty Drawback Program, Export Promotion of 
Capital Goods Scheme, Merchandise Export from India Scheme, and Export-
Oriented Unit Scheme), Commerce has offset the estimated weighted-
average dumping margins by the appropriate CVD rate.\8\ In the 
companion CVD investigation, we have found export subsidies for all 
producers and exporters of subject merchandise. However, suspension of 
liquidation for provisional measures in the companion CVD case has been 
discontinued. Therefore, we are not instructing CBP to collect cash 
deposits based upon the estimated the estimated weighted-average 
dumping margins adjusted for export subsidies at this time. Any such 
adjusted cash deposit rate may be found in the ``Final Determination'' 
section above.
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    \8\ See 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 accompanying Preliminary Decision Memorandum.
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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 aluminum 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 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,

[[Page 13285]]

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. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Hindalco's Untimely Extension Request
    Comment 2: Whether Commerce Should Continue to Apply Partial 
Adverse Facts Available (AFA) to Hindalco
    Comment 3: Whether Commerce Should Deny Certain Price 
Adjustments for Hindalco
    Comment 4: Whether Commerce Should Rely on FA for Hindalco's 
``Deemed Export'' Sales
    Comment 5: Whether Commerce Should Rely on FA for Hindalco's 
Home Market Warehousing Expenses
    Comment 6: Whether Commerce Overstated the Affiliated Party 
Adjustment
    Comment 7: Whether MALCO's Cost Information is Usable
    Comment 8: MALCO's Missing Cost Data for U.S. Control Numbers 
(CONNUMs)
    Comment 9: Appropriate Differential Pricing Methodology
    Comment 10: Whether to Disallow Home Market Quantity and Early 
Payment Discounts
    Comment 11: Whether Commerce Should Apply the Highest U.S. 
Commission Rate to All U.S. Sales
    Comment 12: Whether to Disallow MALCO's Home Market Credit 
Expenses
    Comment 13: Whether MALCO Has Properly Reported Its Packing 
Costs
    Comment 14: Whether MALCO's Overall Costs Should Be Adjusted for 
the Cost of Home Market Returns
    Comment 15: Whether MALCO's Reported Direct Materials Cost is 
Understated
    Comment 16: Whether to Revise MALCO's General and Administrative 
(G&A) Expenses Ratio to Include Missing Expenses and to Correct the 
Cost of Goods Sold
    Comment 17: Whether to Revise MALCO's Interest Expense Ratio
    Comment 18: Constructed Value (CV) Profit
    Comment 19: Selection of the All-Others Rate
V. Recommendation

[FR Doc. 2021-04726 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P