Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13287 

1See Common Alloy Aluminum Sheet from South 

Africa: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65351 (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 South Africa,’’ 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). 

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 

the 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 Hl9, 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 

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. Scope of the Investigation 

IV. Final Negative Determination of Critical 

Circumstances 

V. Subsidies Valuation 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Whether To Exclude the 

Subsidy Rate for the Provision of Coal for 

Less Than Adequate Remuneration 

(LTAR) From the All-Others Rate 

Comment 2: Whether To Reconsider 

Initiation of New Subsidy Allegations 

(NSAs) 

Comment 3: Whether Commerce 

Appropriately Initiated the Investigation 

After the Government of India (GOI) 

Withdrew From Consultations 

Comment 4: Whether Commerce 

Conducted a Selective/Incomplete 

Investigation 

Comment 5: Whether the GOI has an 

Effective System in Place To Confirm 

Input Consumption 

Comment 6: Whether the Provision of Coal 

for LTARIs Countervailable 

Comment 7: Whether Water for LTAR and 

Land for LTAR in the State of Gujarat 

Are Countervailable 

Comment 8: Whether To Correct the 

Consumer Price Index (CPI) Rate Used in 

the Land for LTAR Benefit Calculation 

Comment 9: Whether To Exclude Certain 

Rebates From the Duty Drawback Benefit 

Calculation 

Comment 10: Whether To Correct the Duty 

Exemption Rate Used in the State 

Government of Madhya Pradesh (SGMP) 

Electricity Duty Exemption 

Comment 11: Whether To Correct the 

Benefit Calculation Relating to the 

Export Promotion of Capital Goods 

Scheme (EPCGS) 

Comment 12: Whether To Adjust the 

Inland Freight Benchmark Used in the 

Coal for LTAR Benefit Calculation 

Comment 13: Whether To Apply Adverse 

Facts Available (AFA) to MALCO’s 

EPCGS Usage 

Comment 14: Whether To Correct the 

Discount Rate Used in the ExportOriented Unit (EOU) Scheme Benefit 

Calculation 

IX. Recommendation 

[FR Doc. 2021–04728 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–791–825] 

Common Alloy Aluminum Sheet From 

South Africa: 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 South Africa is 

being, or is 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: 

Laurel LaCivita, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4243. 

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 South Africa, 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 product covered by this 

investigation is aluminum sheet from 

South Africa. For a complete 

description of the scope of this 

investigation, see Appendix I of 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 address in the 

Final Scope Decision Memorandum.4


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13288 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

5See Appendix I for the final scope of the 

investigation. 

6See Commerce’s Letter, ‘‘Common Alloy 

Aluminum Sheet from South Africa: Hulamin 

Operations (Pty) Ltd. (Hulamin Operations): 

Questionnaire in Lieu of Verification,’’ dated 

November 9, 2020; see also Hulamin Operations’ 

Letter, ‘‘Common Alloy Aluminum Sheet from 

South Africa: Hulamin Operations Proprietary 

Limited—Responses to Questionnaire in Lieu of 

Verification,’’ dated November 18, 2020. 

7See also, Memorandum, ‘‘Cost of Production 

and Constructed Value Calculation Adjustments for 

the Final Determination—Hulamin Operations 

Proprietary Limited,’’ dated concurrently with this 

notice, and Memorandum, ‘‘Analysis Memorandum 

for the Final Determination of the Antidumping 

Duty Investigation of Common Alloy Aluminum 

Sheet from South Africa: Hulamin Operations (Pty) 

Ltd.,’’ dated concurrently with this notice. 

Commerce is not modifying the scope 

language as it appeared in the 

Preliminary Determination.5

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 on-site verification and requested 

additional documentation and 

information 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).6

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 

Comment 2 of the Issues and Decision 

Memorandum.7

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. Commerce calculated an 

individual estimated weighted-average 

dumping margin for Hulamin 

Operations (Pty.) Ltd. (Hulamin 

Operations), the only individually 

examined exporter/producer in this 

investigation. Because the only 

individually calculated dumping margin 

is not zero, de minimis, or based 

entirely on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for Hulamin 

Operations is the margin 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) 

Hulamin Operations (Pty) Ltd ..... 8.85 

All Others .................................... 8.85 

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 entries of aluminum 

sheet from South Africa, 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 

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 weightedaverage 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 weightedaverage 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 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 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 

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. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13289 

1See Common Alloy Aluminum Sheet from 

Brazil: Preliminary Affirmative Countervailing Duty 

Determination and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 85 FR 49634 (August 14, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Countervailing Duty 

Investigation of Common Alloy Aluminum Sheet 

from Brazil: Post-Preliminary Decision Memo,’’ 

dated December 22, 2020 (Post-Preliminary 

Decision). 

3See Preliminary Determination, 85 FR at 49634. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Negative Determination 

of the Countervailing Duty Investigation of 

Common Alloy Aluminum Sheet from Brazil,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

5See Memorandum, ‘‘Scope Comments Decision 

Memorandum for the Preliminary Determinations,’’ 

Continued 

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 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: U.S. and Home Market 

Packing Expenses 

Comment 2: Whether to Rely on Hulamin 

Operations’ Actual Base Metal Costs 

V. Recommendation 

[FR Doc. 2021–04734 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–351–855] 

Common Alloy Aluminum Sheet From 

Brazil: Final Negative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are not being 

provided to producers and exporters of 

common alloy aluminum sheet 

(aluminum sheet) from the Brazil. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hall-Eastman or Samuel 

Brummitt, AD/CVD Operations, Office 

III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1468 or 

(202) 482–7851, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 14, 2020, Commerce 

published its Preliminary 

Determination.1 On December 22, 2020, 

Commerce released its Post-Preliminary 

Decision.2 In addition to the 

Government of Brazil, the mandatory 

respondents in this investigation are 

Companhia Brasileiro de Aluminio 

(CBA) and Novelis do Brasil Ltda. 

(Novelis Brasil). In the Preliminary 

Determination, and in accordance with 

section 705(a)(1) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.210(b)(4), Commerce aligned the 

final countervailable duty (CVD) 

determination with the final 

antidumping duty determination.3

For a complete description of the 

events that followed the Preliminary 

Determination, see the Issues and 

Decision Memorandum.4 The Issues and 

Decision Memorandum is a public 

document and is made available to the 

public via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http://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. 

Period of Investigation 

The period of investigation (POI) is 

January 1, 2019, through December 31, 

2019. 

Scope of the Investigation 

The products covered by this 

investigation are aluminum sheet from 

Brazil. 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.5 We received comments 


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