13318 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet from 

Germany: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65386 (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 Germany,’’ 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). 

5See Commerce’s Letter, dated November 9, 

2020. 

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 Determination of Critical 

Circumstances 

IV. Use of Adverse Facts Available 

V. Subsidies Valuation 

VI. Analysis of Programs 

VII. Analysis of Comments 

Comment 1: Whether to Determine That 

Teknik Failed to Comply with 

Verification Requests and Apply Facts 

Available with Adverse Inferences 

Comment 2: Whether the Value-Added Tax 

(VAT) Exemption on Assan’s Acquisition 

of the Operating Rights for a 

Hydroelectric Power Plant is a 

Countervailable Subsidy 

Comment 3: The Provision of Land for Less 

Than Adequate Remuneration (LTAR) 

Comment 4: Whether to Revise Certain of 

Assan’s Sales Denominators 

Comment 5: Whether Commerce Should 

Deduct Commissions Paid by Assan 

Regarding the Rediscount Loan Program 

and the Export-Oriented Working Capital 

Credit Program 

Comment 6: Whether Commerce Should 

Correct Certain Calculation Errors 

Regarding Assan 

VIII. Recommendation 

[FR Doc. 2021–04733 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–428–849] 

Common Alloy Aluminum Sheet From 

Germany: 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 Germany 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: 

Thomas Hanna or Jonathan 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) 482–0835 or (202) 482–3518, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 15, 2020, Commerce 

published in the Federal Register its 

preliminary affirmative determination, 

and postponement of the final 

determination, in the LTFV 

investigation of aluminum sheet from 

Germany.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

Scope of the Investigation 

The products covered by this 

investigation are common alloy 

aluminum sheet from Germany. 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 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 

Commerce was unable to conduct an 

on-site verification of the information 

relied upon in making its final 

determination in this investigation as 

provided for in section 782(i) of the 

Tariff Act of 1930, as amended (the Act). 

Accordingly, in lieu of on-site 

verification, we requested additional 

supporting documentation and 

information after issuing the 

Preliminary Determination.5

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, we made a change 

to our margin calculations for Novelis 

Deutschland GmbH (Novelis). For a 

discussion of this change, see the 

‘‘Changes Since the Preliminary 

Determination’’ section of the Issues and 

Decision Memorandum. 

Use of Adverse Facts Available 

In the Preliminary Determination, 

Commerce found that the mandatory 

respondent, Hydro Aluminium Rolled 

Products GmbH (HARP), failed to 

comply with Commerce’s request for 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13319 

6See Issues and Decision Memorandum for 

details. 

7See Memorandum, ‘‘Antidumping Duty 

Investigation of Common Alloy Aluminum Sheet 

from Germany: Final Determination Margin 

Calculation for Novelis Deutschland GmbH,’’ dated 

concurrently with, and hereby adopted by, this 

notice. 

information, which significantly 

impeded the investigation. Further, 

Commerce found that HARP 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 HARP 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 HARP’s weighted-average 

dumping margin. 

In the Preliminary Determination, as 

AFA, we assigned HARP, as an 

estimated weighted-average dumping 

margin, a dumping margin equal to the 

highest non-aberrational individual 

dumping margin determined for Novelis 

based on an average-to-transaction 

comparison. For the final determination, 

we have assigned an estimated 

weighted-average dumping margin to 

HARP equal to the highest nonaberrational individual dumping margin 

determined for Novelis based on an 

average-to-average 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. 

Commerce determined an estimated 

weighted-average dumping margin for 

HARP that is based entirely on facts 

available. Therefore, the only estimated 

weighted-average dumping margin that 

is not zero, de minimis, or based 

entirely on facts available, is the 

estimated weighted-average dumping 

margin calculated for Novelis. 

Consequently, we have assigned the rate 

calculated for Novelis as the estimated 

weighted-average dumping margin for 

all other exporters and producers of 

aluminum sheet in Germany. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Hydro Aluminium Rolled Products GmbH .............................. 242.80 

Novelis Deutschland GmbH ....... 7 49.40 

All Others .................................... 49.40 

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 Germany, 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 rates 

for the respondents listed in the table 

above will be equal to the companyspecific estimated weighted-average 

dumping margin listed for each 

respondent in the table; (2) if the 

exporter is not identified in the table 

above but the producer is, then the cash 

deposit rate will be equal to the 

company-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 estimated 

weighted-average dumping margin for 

all-other producers and exporters, as 

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 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 

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, 


jbell on DSKJLSW7X2PROD with NOTICES
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. 


jbell on DSKJLSW7X2PROD with NOTICES