Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13293 

1See Common Alloy Aluminum Sheet from 

Taiwan: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Preliminary Negative 

Determination of Critical Circumstances, 

Postponement of Final Determination, and 

Extension of Provisional Measures, 85 FR 65361 

(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 Taiwan,’’ 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, Republic 

of 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, 85 FR 65362. 

6See Commerce’s Letter, ‘‘In Lieu of Verification 

Questionnaire,’’ dated December 3, 2020; see also 

CSAC’s Letter, ‘‘Response of C.S. Aluminium 

Corporation to the Department’s December 3 In Lieu 

of Verification Questionnaire,’’ dated December 14, 

2020. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–867] 

Common Alloy Aluminum Sheet From 

Taiwan: Final Affirmative 

Determination of Sales at Less Than 

Fair Value and Final Negative 

Determination 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 Taiwan 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. Further, Commerce determines 

that critical circumstances do not exist 

for all producers and exporters of 

aluminum sheet from Taiwan. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Caitlin Monks, AD/CVD Operations, 

Office VIII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2670. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 15, 2020, Commerce 

published in the Federal Register its 

preliminary affirmative determination 

in the LTFV investigation of sheet from 

Taiwan, 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 

Taiwan. For a complete description of 

the scope of this investigation, see 

Appendix I 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 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 

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 the final 

determination in this investigation.5

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).6

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, we made certain 

changes to the margin calculations with 

respect to C.S. Aluminum Corporation 

(CSAC), the sole mandatory respondent 

in this investigation. For a discussion of 

these changes, see the ‘‘Changes from 

the Preliminary Determination’’ section 

of the Issues and Decision 

Memorandum. 

Final Negative Determination of 

Critical Circumstances 

Consistent with the Preliminary 

Determination, Commerce determines 

that critical circumstances do not exist 

within the meaning of 735(a)(3) of the 

Act. For further information, see 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. Commerce calculated an 

individual estimated weighted-average 

dumping margin for CSAC, the only 

individually examined exporter or 

producer in this investigation. Because 

the only individually calculated 

estimated weighted-average dumping 

margin is not zero, de minimis, or based 

entirely on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for CSAC is the 

estimated weighted-average dumping 

margin assigned to 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 or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

C.S. Aluminium Corporation 17.50 


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13294 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

All Others .............................. 17.50 

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 Taiwan, 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. 

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 

company-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 

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. 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 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, 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 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. Final Negative Determination of Critical 

Circumstances 

V. Discussion of the Issues 

Comment 1: CSAC’s Reported On-Schedule 

Delivery Discounts 

Comment 2: Scrap Offset Adjustment 

VI. Recommendation 

[FR Doc. 2021–04727 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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