[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13315-13318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04733]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]


Common Alloy Aluminum Sheet From the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Determination of Critical Circumstances, in Part

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of common alloy aluminum sheet (aluminum sheet) from the Republic of 
Turkey (Turkey).

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2020, Commerce published the Preliminary 
Determination in the Federal Register.\1\ In addition to the Government 
of Turkey (GOT), the mandatory respondents in this investigation are 
Assan Aluminyum

[[Page 13316]]

Sanayi ve Ticaret A. S. (Assan) and Teknik Aluminyum Sanayi A.S. 
(Teknik). 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.\2\
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    \1\ See Common Alloy Aluminum Sheet from the Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Determination of Critical Circumstances in 
Part, and Alignment of Final Determination with Final Antidumping 
Duty Determination, 85 FR 49629 (August 14, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ Id., 85 FR at 49629.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, may be found in the Issues and Decision 
Memorandum.\3\ 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 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/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Common Alloy Aluminum Sheet from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Period of Investigation

    The period of investigation (POI) is January 1, 2019, through 
December 31, 2019.

Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
Turkey. For a full description of the scope of the 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 
Scope Decision Memorandum. See Appendix I for the final scope of the 
investigation.
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    \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 
Preliminary Determinations,'' dated October 6, 2020 (Preliminary 
Scope Decision Memorandum).
    \5\ 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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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 on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\6\
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    \6\ See Commerce's Letter, ``Countervailing Duty Investigation 
of Common Alloy Aluminum Sheet from Turkey: In Lieu of Verification 
Questionnaire,'' dated January 14, 2021; see also Assan's Letter, 
``Common Alloy Aluminum Sheet from Turkey: Response to Questions in 
Lieu of Verification,'' dated January 22, 2021; and Teknik's Letter, 
``Common Alloy Aluminum Sheet from Turkey: Teknik Aluminyum Sanayi 
A.S.'s Response to the Questionnaire in Lieu of Verification,'' 
dated January 22, 2021.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by parties, and to which we responded in the Issues and 
Decision Memorandum, see Appendix II of this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
Commerce determines that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying this final determination, see the Issues 
and Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 703(e)(1)(B) of the Act, Commerce 
preliminarily determined that critical circumstances existed with 
respect to imports of aluminum sheet from Turkey for Assan, but did not 
exist with respect to Teknik or for all other exporters or producers 
not individually examined.\8\ We have further analyzed the data 
following the Preliminary Determination, and we have made no 
modifications to our findings for the final determination.
    Accordingly, pursuant to section 705(a)(2) of the Act, we continue 
to find that critical circumstances exist with respect to imports of 
aluminum sheet from Turkey with respect to Assan. We continue to find, 
as we did in the Preliminary Determination, that critical circumstances 
do not exist with respect to imports of aluminum sheet from Turkey with 
respect to Teknik and for all other producers or exporters not 
individually examined. For a full description of the methodology and 
results of Commerce's analysis, see the Issues and Decision Memorandum.
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    \8\ See Preliminary Determination, 85 FR at 49630.
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Changes Since the Preliminary Determination

    Based on our analysis of the record and the comments received, we 
have made certain changes to the countervailable subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

All-Others Rate

    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or based entirely under section 776 of 
the Act.
    In this investigation, Commerce calculated an individual estimated 
countervailable subsidy rate for Assan and for Teknik. Sections 
705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act direct Commerce to 
calculate and estimated ``all-others'' rate for exporters and producers 
not individually investigated. Section 705(c)(5)(A)(i) of the Act 
provides that the ``all-others'' rate shall be an amount equal to the 
weighted-average of the countervailable subsidy rates established for 
individually investigated exporters and producers, excluding any rates 
that are zero, de minimis, or determined entirely under section 776 of 
the Act. Because we determine that the sales information submitted by 
respondent Teknik is unreliable,\9\ as a result, we find that complete 
and publicly-available sales

[[Page 13317]]

data for Teknik is not available. Therefore, instead of calculating a 
rate equal to the weighted average of the countervailable subsidy rates 
calculated for Assan and Teknik, for this final determination, we are 
using the simple average of Assan's and Teknik's subsidy rates as the 
rate for ``all others.'' \10\
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    \9\ See Issues and Decision Memorandum at Comment 1.
    \10\ It is Commerce's practice to calculate a rate for ``all 
others'' by weight-averaging the calculated subsidy rates of the 
respondent companies using their publicly-available sales data for 
exports of subject merchandise to the United States during the POI. 
See, e.g., Countervailing Duty Investigation of Certain New 
Pneumatic Off-the-Road Tires from India: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part, 82 FR 2946 (January 10, 2017). However, in 
certain instances, Commerce may calculate the rate for ``all 
others'' by using a simple average of the subsidy rates of the 
companies under examination when it finds that sales data is not 
available. See Certain Corrosion Inhibitors from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, 86 FR 7537 (January 29, 2021).
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Final Determination

    We determine the countervailable subsidy rates to be:
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    \11\ Commerce has found Kibar Dis Ticaret A.S. and Kibar Holding 
to be cross-owned with Assan Aluminyum Sanayi ve Ticaret A.S., 
pursuant to 19 CFR 351.525(b)(6)(vi).
    \12\ Commerce has found TAC Metal Ticaret A.S. to be cross-owned 
with Teknik Aluminyum Sanayi A.S., pursuant to 19 CFR 
351.525(b)(6)(vi).

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.\11\..................        2.56
Teknik Aluminyum Sanayi A.S.\12\............................        4.34
All Others..................................................        3.45
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Disclosure

    We intend to disclose the calculations performed in this final 
determination to interested parties within five days of the public 
announcement or, if there is no public announcement, within five days 
of the date of the publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result our Preliminary Determination, and pursuant to section 
703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of aluminum sheet from 
Turkey, that were entered, or withdrawn from warehouse, for consumption 
on or after August 14, 2020, which is the date of publication of the 
Preliminary Determination in the Federal Register. Because we 
preliminarily determined that critical circumstances existed with 
respect to Assan, we instructed CBP to suspend such entries on after 
May 16, 2020, which is 90 days prior to the date of the publication of 
the Preliminary Determination in the Federal Register. Because we 
preliminarily found a de minimis subsidy rate for Teknik, we instructed 
CBP to not suspend liquidation of entries of the merchandise produced 
by Teknik and exported by either Teknik or by TAC Metal. In accordance 
with section 703(d) of the Act, effective December 12, 2020, we 
instructed CBP to discontinue the suspension of liquidation of all 
entries, but to continue the suspension of liquidation for all entries 
of subject merchandise between August 14 through December 11, 2020.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated countervailable duties for 
such entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated, and all case 
deposits will be refunded or cancelled.

ITC Notification

    In accordance with section 705(d) of the Act, we intend to notify 
the ITC of our determination. Because the final determination in this 
proceeding is affirmative, in accordance with section 705(b) of the 
Act, the ITC will make its final determination as to whether the 
domestic injury in the United States is materially injured, or 
threatened with material injury, by reason of imports of aluminum sheet 
from Turkey no later than 45 days after our final determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order (APO) without the written consent of the Assistant 
Secretary for Enforcement and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to 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 the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 705(d) and 777(i) 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

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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