[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13309-13311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04739]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-842]


Common Alloy Aluminum Sheet From Italy: Final Affirmative 
Determination of Sales at Less Than Fair Value (LTFV)

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 Italy 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: Elfi Blum or Jun Jack Zhao, 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) 482-0197 or (202) 482-1396, 
respectively.

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 Italy, 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 Italy: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65342 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Memorandum, ``Issues and Decision memorandum for the 
Final Determination in the Less-Than-Fair-Value Investigation of 
Common Alloy Aluminum Sheet from Italy,'' dated concurrently with, 
and herby 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 
Italy. 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.
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    \3\ See 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).
    \4\ See 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).
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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

[[Page 13310]]

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 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, we took additional steps in 
lieu of on-site verification and requested additional documentation and 
information.\5\
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    \5\ See Commerce's Letter, ``In Lieu of Verification 
Supplemental,'' dated December 10, 2020; see also Laminazione 
Sottile S.p.A.'s Letter, ``Common Alloy aluminum Sheet from Italy: 
Response to the Verification Questionnaire,'' dated December 18, 
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 
changes to the margin calculations regarding Laminazione's cost 
reporting. For a discussion of these changes, see Comment 4 of the 
Issues and Decision Memorandum.

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. 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 has determined that the 
estimated weighted-average dumping margin for Laminazione Sottile 
S.p.A. (Laminazione) is zero. Additionally, Commerce assigned a rate 
based entirely on facts available, under section 776 of the Act, to 
Profilglass. 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 simple average of Laminazione's zero percent margin and 
Profilglass' adverse facts available margin.\6\
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    \6\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Final Determination of 
Sales at Less Than Fair Value, 81 FR 47355 (July 21, 2016).
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Laminazione Sottile S.p.A...................................        0.00
Profilglass S.p.A...........................................    ** 29.13
All Others..................................................       14.57
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** Adverse Facts Available

    Consistent with 735(a)(4) of the Act and 19 CFR 351.204(e)(1), 
Commerce disregards zero or de minimis rates and determines that 
individually examined respondents with zero or de minimis rates have 
not made sales of subject merchandise at LTFV. Therefore, we will 
exclude merchandise produced and exported by Laminazione from the 
antidumping duty order in the event an order is instituted.

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 aluminum sheet from 
Italy, 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, except for those entries of subject 
merchandise produced and exported by Laminazione. Because the estimated 
weighted-average dumping margin for Laminazione is zero, we are not 
directing 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), we will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, as follows: (1) The cash deposit rate for Profilglass will be 
equal to the company-specific margin based on AFA and 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 instructions will remain in effect 
until further notice.
    Because the estimated weighted-average dumping margin for 
Laminazione is zero, entries of shipments of subject merchandise 
produced and exported by this company will not be subject to suspension 
of liquidation or cash deposit requirements. Accordingly, Commerce 
continues to direct CBP not to suspend liquidation of entries of 
subject merchandise produced and exported by Laminazione. Entries of 
shipments of subject merchandise from this company in any other 
producer/exporter combination, or by third parties that sourced subject 
merchandise from the excluded producer/exporter combination, are 
subject to the all-others rate.
    Accordingly, entries of shipments of subject merchandise from this 
producer/exporter combination will be excluded from the antidumping 
duty order. Such exclusion is not applicable to merchandise exported to 
the United States by this respondent in any other producer/exporter 
combinations or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.

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

[[Page 13311]]

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 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 from the Preliminary Determination
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Issues
    Comment 1: Whether Commerce's Application of Adverse Facts 
Available to Profilglass is Supported by Substantial Evidence and in 
Accordance with the Law.
    Comment 2: Whether Commerce Should Use the Earlier of Invoice 
Date or Shipment Date to Calculate a Margin for Profilglass.
    Comment 3: Whether Commerce Should Assign the Petition AD Rate 
as AFA to Profilglass.
    Comment 4: Whether Total AFA is Appropriate with Respect to 
Laminazione's Reported Costs.
    Comment 5: Whether a Duty Drawback Adjustment for Laminazione is 
Warranted
    Comment 6: Whether Commerce' Partial Reliance on an AFA Rate to 
Determine the All Others Rate is Supported by the Record.
    Comment 7: Whether the Geographical Scope of this Investigation 
Conflicts with the WTO AD Agreement and Application of Adverse Facts 
Available is Justified.
VI. Recommendation

[FR Doc. 2021-04739 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P