13302 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet from 

Brazil: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65363 (October 15, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See 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). 

3See 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). 

4See Commerce’s Letter, ‘‘Remote Verification— 

Request for Documentation,’’ dated November 17, 

2020; see also Novelis do Brasil Ltda’s (Novelis 

Brasil’s) Letter, ‘‘Common Alloy Aluminum Sheet 

from Brazil: Novelis do Brasil Ltda’s Verification 

Questionnaire Response,’’ dated November 24, 2020 

(Verification Questionnaire Response). 

5See Memorandum, ‘‘Analysis Memorandum for 

the Final Determination of the Less-than-Fair-Value 

Investigation of Common Alloy Aluminum Sheet 

from Brazil: Novelis do Brasil Ltda.,’’ dated 

concurrently with this notice (Final Analysis 

Memorandum). 

6See Final Analysis Memorandum. As a result of 

minor corrections received in Novelis Brasil’s 

Verification Questionnaire Response, Novelis 

Brasil’s highest transaction-specific margin changed 

from 136.78 percent in the Preliminary 

Determination to 137.06 percent in the final 

determination. Because we continue to use Novelis 

Brasil’s highest transaction-specific margin as the 

AFA rate for CBA, for the final determination, we 

have updated the rate assigned to CBA accordingly. 

III. Changes from the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Whether Adverse Facts 

Available (AFA) is Appropriate for 

Elvalhalcor 

Comment 2: Application of Major Input 

Rule 

Comment 3: Selling Expense Adjustment to 

the Cost of Manufacture (COM) 

Comment 4: Adjusting COM With 

Amounts Related to Losses on 

Derivatives 

Comment 5: Reconciliation of April 2019 

U.S. Sales 

Comment 6: Warranty Expenses 

Comment 7: Home Market Rebates 

Comment 8: Home Market Inland Freight 

Expenses 

Comment 9: Packing Expenses 

Comment 10: Comparisons Between Alloy 

Products 

Comment 11: Home Market Credit 

Expenses 

Comment 12: U.S. Indirect Selling 

Expenses for Sales Through International 

Trade 

Comment 13: Adjustment Made to Other 

Disounts for Certain Home Market Sales 

Comment 14: Use of Quarterly Costs in 

Differential Pricing Analysis 

V. Recommendation 

[FR Doc. 2021–04737 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–854] 

Common Alloy Aluminum Sheet From 

Brazil: 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) continues to determine that 

imports of common alloy aluminum 

sheet (aluminum sheet) from Brazil are 

being, or are 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: Kyle 

Clahane, 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) 482–5449. 

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 Brazil, in which we also 

postponed the final determination until 

March 1, 2021.1 We invited interested 

parties to comment on the Preliminary 

Determination. We received no 

comments on the Preliminary 

Determination. 

Scope of the Order 

The products covered by this 

investigation are common alloy 

aluminum sheet from Brazil. For a 

complete description of the scope of this 

investigation, see the Appendix. 

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.2 We received comments 

from interested parties on the 

Preliminary Scope Decision 

Memorandum, which we address in the 

Final Scope Decision Memorandum.3

Commerce is not modifying the scope 

language as it appeared in the 

Preliminary Determination. See the 

Appendix for the final scope of the 

investigation. 

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 an on-site verification 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).4

Changes Since the Preliminary 

Determination 

We continue to find that imports of 

aluminum sheet from Brazil are being, 

or are likely to be, sold in the United 

States at LTFV for the POI. Because we 

received no comments, we hereby 

incorporate by reference our reasoning 

in the Preliminary Determination, and 

no separate decision memorandum 

accompanies this Federal Register 

notice. 

However, based on our review and 

analysis of the information received in 

lieu of on-site verification, we made 

certain changes to the margin 

calculation for mandatory respondent, 

Novelis do Brasil Ltda (Novelis Brasil).5

As a result of these changes, Commerce 

also revised the all-others rate and the 

rate assigned to Companhia Brasileira 

de Aluminio (CBA). See below for 

further discussion. 

Use of Adverse Facts Available 

In the Preliminary Determination, 

Commerce found that the mandatory 

respondent, CBA, failed to comply with 

Commerce’s multiple requests for 

information, which significantly 

impeded the investigation. Further, 

Commerce found that CBA 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 CBA a rate based on 

adverse facts available (AFA). No 

interested party commented on this 

determination, and so there is no basis 

for us to revisit our determination to 

apply AFA to this company. 

Accordingly, we continue to find that 

the application of AFA pursuant to 

sections 776(a) and (b) of the Act is 

warranted in determining CBA’s 

weighted-average margin. Consistent 

with the Preliminary Determination, 

Commerce has assigned to CBA the 

highest transaction-specific margin 

calculated for Novelis Brasil, which is 

137.06 percent.6 Because this rate is not 

secondary information, but rather is 

based on information obtained in the 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13303 

7Because Commerce is continuing to apply AFA 

to CBA in this investigation, in accordance with 

section 776 of the Act, there are no calculations to 

disclose for CBA. 

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 assigned a rate 

based entirely on facts available under 

section 776 of the Act to CBA. 

Therefore, the only rate that is not zero, 

de minimis, or based entirely on facts 

otherwise available, is the rate 

calculated for Novelis Brasil. 

Consequently, consistent with the 

Preliminary Determination, the rate 

calculated for Novelis Brasil is assigned 

as the rate for 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 

Weightedaverage 

dumping 

margin 

(percent) 

Companhia Brasileira de 

Aluminio .................................. 137.06 

Novelis do Brasil Ltda ................ 49.61 

All Others .................................... 49.61 

Disclosure 

We intend to disclose the calculations 

performed for Novelis Brasil 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).7

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 Brazil, as 

described in the appendix 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 respondents 

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 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. 

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—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 

these investigations 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 


jbell on DSKJLSW7X2PROD with NOTICES
13304 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet from 

Indonesia: Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, Preliminary 

Affirmative Determination of Critical 

Circumstances, 85 FR 65356 (October 15, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM), 

2See Common Alloy Aluminum Sheet from 

Indonesia and Romania: Postponement of Final 

Determinations of Less-Than-Fair-Value 

Investigations, 85 FR 71049 (November 6, 2020). 

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 Preliminary Determination. 

6 Id. at 65357. 

7 Id. 

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. 

[FR Doc. 2021–04725 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–835] 

Common Alloy Aluminum Sheet From 

Indonesia: Final Determination of 

Sales at Less Than Fair Value, and 

Final Affirmative Finding of Critical 

Circumstances 

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 Indonesia are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is January 1, 2019, through 

December 31, 2019. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: John 

K. Drury, AD/CVD Operations, Office 

VI, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0195. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 15, 2020, Commerce 

published in the Federal Register its 

Preliminary Determination.1 On 

November 6, 2020, we postponed the 

final determination until March 1, 

2021.2 The petitioner in this 

investigation is the Aluminum 

Association Common Alloy Aluminum 

Sheet Working Group and its individual 

members: Aleris Rolled Products, Inc.; 

Arconic, Inc.; Constellium Rolled 

Products Ravenswood, LLC; JW 

Aluminum Company; Novelis 

Corporation; and Texarkana Aluminum, 

Inc. (the petitioner). The mandatory 

respondent in this investigation is Pt. 

Alumindo Light Metal Industry Tbk (Pt. 

Alumindo). We provided interested 

parties an opportunity to comment on 

the Preliminary Determination. We 

received no comments. As such, this 

final determination is unchanged from 

the Preliminary Determination. 

Commerce conducted this investigation 

in accordance with section 733(b) of the 

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

Scope of the Order 

The products covered by this 

investigation are common alloy 

aluminum sheet from Indonesia. For a 

complete description of the scope of this 

investigation, see the Appendix to 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 addressed in 

the Final Scope Decision 

Memorandum.4 Commerce is not 

modifying the scope language as it 

appeared in the Preliminary 

Determination. See the Appendix to this 

notice for the final scope of the 

investigation. 

Verification 

Because the mandatory respondent in 

this investigation did not provide 

necessary information requested by 

Commerce, we did not conduct 

verification. 

Changes Since the Preliminary 

Determination and Use of Adverse 

Facts Available 

Commerce has made no changes to 

the Preliminary Determination. As 

stated in the Preliminary Determination, 

we found that the application of facts 

available with an adverse inference with 

respect to the mandatory respondent, 

i.e., Pt. Alumindo, was warranted, in 

accordance with sections 776(a)(1), 

776(a)(2)(A)-(C), and 776(b) of the Act.5

Final Determination of Critical 

Circumstances 

In the Preliminary Determination, we 

preliminarily found that critical 

circumstances exist with respect to 

imports of subject merchandise from 

Indonesia.6 Commerce received no 

comments regarding this issue after the 

Preliminary Determination. Thus, for 

this final determination, we continue to 

find that critical circumstances exist 

with respect to imports of subject 

merchandise from Indonesia. 

All-Others Rate 

As discussed in the Preliminary 

Determination, in accordance with 

section 735(c)(5)(B) of the Act, 

Commerce preliminarily determined the 

estimated dumping margin for the 

individually examined respondent (i.e., 

Pt. Alumindo) entirely under section 

776 of the Act. Consequently, pursuant 

to section 735(c)(5)(B) of the Act, and 

consistent with Commerce’s practice, 

the all-others rate in the Preliminary 

Determination was based on the only 

dumping margin alleged in the petition 

(i.e., 32.12 percent). No parties 

commented on this issue and we made 

no changes to the all-others rate for this 

final determination.7

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

dumping 

margin 

(percent) 

Pt. Alumindo Light Metal Industry Tbk ..................................... 32.12 

All Others .................................... 32.12 


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