Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13309 

1See 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). 

2See 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). 

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). 

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. Discussion of the Issues 

Comment 1: Price-Based Particular Market 

Situation (PMS) Allegation Relating to 

Aluminum Sheet Sales in the Korean 

Market 

Comment 2: General and Administrative 

(G&A) Expense Ratio 

Comment 3: Affiliated Party Transactions 

Comment 4: Deduction of Section 232 

Duties from U.S. Price 

V. Recommendation 

[FR Doc. 2021–04740 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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. 

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 


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13310 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

5See 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. 

6See, 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). 

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, 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

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 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. 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

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Laminazione Sottile S.p.A. ......... 0.00 

Profilglass S.p.A. ........................ ** 29.13 

All Others .................................... 14.57 

** 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 allothers 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 allothers estimated weighted-average 

dumping margin. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Because the estimated weightedaverage 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 allothers 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 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13311 

1See Notice of Antidumping Duty Order: Certain 

Potassium Phosphate Salts from the People’s 

Republic of China: Amended Final Determination 

of Sales at Less Than Fair Value and Antidumping 

Duty Order, 75 FR 42683 (July 22, 2010) (Order). 

2See Initiation of Five-Year (Sunset) Reviews, 85 

FR 69585 (November 3, 2020). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–962] 

Certain Potassium Phosphate Salts 

From the People’s Republic of China: 

Final Results of the Expedited Second 

Sunset Review of the Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) finds that revocation of the 

antidumping duty order on certain 

potassium phosphate (salts) from the 

People’s Republic of China (China) 

would be likely to lead to continuation 

or recurrence of dumping at the levels 

indicated in the ‘‘Final Results of Sunset 

Review’’ section of this notice. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Emily Halle, 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) 482–0176. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 22, 2010, the Department of 

Commerce (Commerce) published the 

antidumping duty order on salts from 

China.1 On November 3, 2020, 

Commerce initiated the second sunset 

review of the Order pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (the Act).2 On November 18, 

2020, Commerce received a notice of 

intent to participate in this sunset 


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