13298 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

8See Notice of Final Determination of Sales at 

Less Than Fair Value: Certain Cut-to-Length Carbon 

Steel Plate From the Russian Federation, 62 FR 

61787, 61794 (November 19, 1997). 

9See Notice of Final Determination of Sales at 

Less Than Fair Value: Certain Cut-to-Length Carbon 

Steel Plate From Ukraine, 62 FR 61754, 61766 

(November 19, 1997). 

1See Common Alloy Aluminum Sheet from 

Spain: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65367 (October 15, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Common Alloy Aluminum Sheet 

from Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3See 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). 

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 Commerce’s Letter to Aludium 

Transformacio ́n de Productos S.L. (Aludium), 

‘‘Request for Documentation,’’ dated November 20, 

2020; see also Aludium’s Letter, ‘‘Common Alloy 

Aluminum Sheet from Spain: Aludium 

Transformacio ́n de Productos, S.L.’s Response to 

the Questionnaire in Lieu of Verification,’’ dated 

November 30, 2020. 

Final Results of Reviews 

Pursuant to section 752(c) of the Act, 

Commerce determines that termination 

of the Suspension Agreements and 

suspended investigations of CTL plate 

from Russia and Ukraine would likely 

lead to continuation or recurrence of 

dumping at weighted-average margins 

up to 185.00 percent for Russia 8 and up 

to 237.91 percent for Ukraine.9

Notification Regarding Administrative 

Protective Orders 

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders (APO) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act and 19 CFR 351.218. 

Dated: March 3, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–04736 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–820] 

Common Alloy Aluminum Sheet From 

Spain: Final Affirmative Determination 

of Sales at Less Than Fair Value 

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 Spain 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. 

DATES: Applicable March 8, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon, 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) 482–6274. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 15, 2020, Commerce 

published in the Federal Register the 

preliminary affirmative determination 

in the LTFV investigation of aluminum 

sheet from Spain, 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 

Spain. 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 addressed 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 the 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 

as 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/index.html. 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. 

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).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 have made 

certain changes to the margin 

calculations. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

Use of Adverse Facts Available 

In the Preliminary Determination, 

pursuant to sections 776(a) and (b) of 

the Act, Commerce relied on partial 

facts otherwise available, with adverse 

inferences, for Aludium Transformacion 

de Productos, S.L. (Aludium), and 

entirely on facts otherwise available, 

with adverse inferences for Compania 

Valenciana de Aluminio Baux S.L.U. 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13299 

6See Issues and Decision Memorandum. 

(Baux). For the final determination, we 

continue to find that the application of 

partial adverse facts available (AFA), 

pursuant to sections 776(a) and (b) of 

the Act, is warranted with respect to 

Aludium, and the application of total 

AFA, pursuant to sections 776(a) and (b) 

of the Act, is warranted with respect to 

Baux. For a discussion of the partial 

AFA applied to Aludium and the total 

AFA applied to Baux, see the Issues and 

Decision Memorandum. 

Commerce has assigned to Baux’s 

exports of the subject merchandise the 

rate of 24.23 percent, which is 

Aludium’s highest transaction-specific 

margin.6 Because this rate is not 

secondary information, but rather is 

based on information obtained in the 

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 has determined a 

rate for Baux based entirely on section 

776 of the Act. Therefore, the only rate 

that is not zero, de minimis, or based 

entirely on facts otherwise available is 

the rate calculated for Aludium. 

Consequently, the rate calculated for 

Aludium is also assigned as the rate for 

all other producers and exporters. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Aludium Transformacion de 

Productos, S.L. ....................... 3.80 

Compania Valenciana de 

Aluminio Baux S.L.U./Bancolor 

Baux S.L.U. ............................. ** 24.23 

All Others .................................... 3.80 

** AFA. 

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 

the liquidation of all appropriate entries 

of subject merchandise, as described in 

Appendix I of this notice, 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), where 

appropriate, we will instruct CBP to 

require a cash deposit for such entries 

of merchandise equal to the estimated 

weighted-average dumping margin or 

estimated all-others rate, as follows: (1) 

The cash deposit rate for the 

respondents listed above will be equal 

to the company-specific estimated 

weighted-average dumping margins 

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. 

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 in accordance 

with 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 


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13300 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

1See Common Alloy Aluminum Sheet from 

Greece: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65374 (October 15, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Negative Determination 

in the Less-Than-Fair-Value Investigation of 

Common Alloy Aluminum Sheet from Greece,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

3See Memorandum, ‘‘Common Alloy Sheet from 

Bahrain, Brazil, Croatia, Egypt, Germany, Greece, 

India, Indonesia, Italy, Rpublic 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 

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 Commerce’s Letter, ‘‘Antidumping 

Investigation Common Alloy Aluminum Sheet from 

Greece: Elvalhalcor Hellenic Copper and Aluminum 

Industry S.A. In Lieu of Verification 

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 Since the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Apply Total or Partial Adverse Facts 

Available (AFA) to Aludium 

Comment 2: Application of Partial AFA to 

Aludium’s Date of Sale 

Comment 3: Whether Section 232 Duties 

are ‘‘Special Duties’’ 

Comment 4: Denial of Aludium’s Duty 

Drawback Adjustment 

Comment 5: Substantial Transformation 

Comment 6: Whether Commerce Should 

Evaluate Differential Pricing (DP) on a 

Monthly Basis 

Comment 7: Whether Commerce Should 

Have Deselected Baux as a Mandatory 

Respondent 

Comment 8: Whether the Number of 

Countries Commerce Initiated Upon Is 

Contrary to the World Trade 

Organization (WTO) Antidumping 

Agreement 

V. Recommendation 

[FR Doc. 2021–04722 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–484–804] 

Common Alloy Aluminum Sheet From 

Greece: Final Negative Determination 

of Sales at Less Than Fair Value 

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 Greece are not 

being, or are not 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: 

Samantha Kinney or Brian Smith, 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) 482–2285 or 

(202) 482–1766, 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 Greece, in which we also 

postponed the final determination until 

March 1, 2021.1 We invited interested 

paties 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 product covered by this 

investigation is aluminum sheet from 

Greece. 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 

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 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 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 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. 

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).5


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