Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13285 

1See Common Alloy Aluminum Sheet from India: 

Preliminary Affirmative Countervailing Duty 

Determination, Preliminary Negative Critical 

Circumstances Determination, and Alignment of 

Final Determination with Final Antidumping Duty 

Determination, 85 FR 49631 (August 14, 2020) 

(Preliminary Determination). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of Common Alloy 

Aluminum Sheet from India,’’ 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, ‘‘Countervailing Duty 

Investigation of Common Alloy Aluminum Sheet 

from India: In Lieu of Verification Questionnaire,’’ 

dated December 3, 2020. 

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: Hindalco’s Untimely 

Extension Request 

Comment 2: Whether Commerce Should 

Continue to Apply Partial Adverse Facts 

Available (AFA) to Hindalco 

Comment 3: Whether Commerce Should 

Deny Certain Price Adjustments for 

Hindalco 

Comment 4: Whether Commerce Should 

Rely on FA for Hindalco’s ‘‘Deemed 

Export’’ Sales 

Comment 5: Whether Commerce Should 

Rely on FA for Hindalco’s Home Market 

Warehousing Expenses 

Comment 6: Whether Commerce 

Overstated the Affiliated Party 

Adjustment 

Comment 7: Whether MALCO’s Cost 

Information is Usable 

Comment 8: MALCO’s Missing Cost Data 

for U.S. Control Numbers (CONNUMs) 

Comment 9: Appropriate Differential 

Pricing Methodology 

Comment 10: Whether to Disallow Home 

Market Quantity and Early Payment 

Discounts 

Comment 11: Whether Commerce Should 

Apply the Highest U.S. Commission Rate 

to All U.S. Sales 

Comment 12: Whether to Disallow 

MALCO’s Home Market Credit Expenses 

Comment 13: Whether MALCO Has 

Properly Reported Its Packing Costs 

Comment 14: Whether MALCO’s Overall 

Costs Should Be Adjusted for the Cost of 

Home Market Returns 

Comment 15: Whether MALCO’s Reported 

Direct Materials Cost is Understated 

Comment 16: Whether to Revise MALCO’s 

General and Administrative (G&A) 

Expenses Ratio to Include Missing 

Expenses and to Correct the Cost of 

Goods Sold 

Comment 17: Whether to Revise MALCO’s 

Interest Expense Ratio 

Comment 18: Constructed Value (CV) 

Profit 

Comment 19: Selection of the All-Others 

Rate 

V. Recommendation 

[FR Doc. 2021–04726 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–896] 

Common Alloy Aluminum Sheet From 

India: Final Affirmative Countervailing 

Duty Determination and Final Negative 

Critical Circumstances Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

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 India. 

DATES: Applicable March 8, 2021 

FOR FURTHER INFORMATION CONTACT: 

Benito Ballesteros or Nathan James 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) 482–7425 or (202) 482–5305, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 14, 2020, Commerce 

published the Preliminary 

Determination in the Federal Register.1

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 

determination of this CVD investigation 

with the final determination in the 

companion antidumping duty 

investigation of aluminum sheet from 

India. 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination, may be 

found in the Issues and Decision 

Memorandum.2 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. 

Period of Investigation 

The period of investigation is January 

1, 2019, through December 31, 2019. 

Scope of the Investigation 

The product covered by this 

investigation is aluminum sheet from 

India. 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. 

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 on-site verification to verify the 

information relied upon in making this 

final determination, in accordance with 

section 782(i) of the Act.5

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 


jbell on DSKJLSW7X2PROD with NOTICES
13286 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 

6See 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. 

7Both companies reported their respective sales 

values as public information. 

8As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

company to be cross-owned with Hindalco: Utkal 

Alumina International Limited. 

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.6 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, we 

made certain changes to the subsidy rate 

calculations for Hindalco Industries 

Limited (Hindalco) and Manaksia 

Aluminium Company Limited 

(MALCO). 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, we continue to 

calculate the all-others rate using the 

weighted-average of the individual 

subsidy rates calculated for Hindalco 

and MALCO.7

Final Negative Determination of 

Critical Circumstances 

Commerce determines that critical 

circumstances do not exist within the 

meaning of 703(e)(1) of the Act. For 

further information, see Issues and 

Decision Memorandum. 

Final Determination 

Commerce determines that the 

following countervailable subsidy rates 

exist: 

Producer/exporter 

Subsidy 

rate 

(percent) 

Hindalco Industries Limited 8 ...... 35.25 

Manaksia Aluminium Company 

Limited ..................................... 4.89 

All Others .................................... 30.15 

Disclosure 

Commerce intends to disclose to 

interested parties its calculations and 

analysis performed in this final 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce instructed U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after August 14, 

2020, the date of publication of the 

Preliminary Determination in the 

Federal Register. 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 at that time, but 

to continue the suspension of 

liquidation of all entries from August 

14, 2020, 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 require a 

cash deposit of estimated countervailing 

duties for such entries of subject 

merchandise in the amounts indicated 

above, in accordance with section 706(a) 

of the Act. If the ITC determines that 

material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated, and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

aluminum sheet from India. As 

Commerce’s final determination is 

affirmative, in accordance with section 

705(b) of the Act, the ITC will 

determine, within 45 days, whether the 

domestic industry in the United States 

is materially injured or threatened with 

material injury. In addition, we are 

making available to the ITC all nonprivileged and nonproprietary 

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 the APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

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 which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 771(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 product covered by this investigation 

is 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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13287 

1See Common Alloy Aluminum Sheet from South 

Africa: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 85 FR 65351 (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 South Africa,’’ 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, 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). 

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 

the 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 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 

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. Scope of the Investigation 

IV. Final Negative Determination of Critical 

Circumstances 

V. Subsidies Valuation 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Whether To Exclude the 

Subsidy Rate for the Provision of Coal for 

Less Than Adequate Remuneration 

(LTAR) From the All-Others Rate 

Comment 2: Whether To Reconsider 

Initiation of New Subsidy Allegations 

(NSAs) 

Comment 3: Whether Commerce 

Appropriately Initiated the Investigation 

After the Government of India (GOI) 

Withdrew From Consultations 

Comment 4: Whether Commerce 

Conducted a Selective/Incomplete 

Investigation 

Comment 5: Whether the GOI has an 

Effective System in Place To Confirm 

Input Consumption 

Comment 6: Whether the Provision of Coal 

for LTARIs Countervailable 

Comment 7: Whether Water for LTAR and 

Land for LTAR in the State of Gujarat 

Are Countervailable 

Comment 8: Whether To Correct the 

Consumer Price Index (CPI) Rate Used in 

the Land for LTAR Benefit Calculation 

Comment 9: Whether To Exclude Certain 

Rebates From the Duty Drawback Benefit 

Calculation 

Comment 10: Whether To Correct the Duty 

Exemption Rate Used in the State 

Government of Madhya Pradesh (SGMP) 

Electricity Duty Exemption 

Comment 11: Whether To Correct the 

Benefit Calculation Relating to the 

Export Promotion of Capital Goods 

Scheme (EPCGS) 

Comment 12: Whether To Adjust the 

Inland Freight Benchmark Used in the 

Coal for LTAR Benefit Calculation 

Comment 13: Whether To Apply Adverse 

Facts Available (AFA) to MALCO’s 

EPCGS Usage 

Comment 14: Whether To Correct the 

Discount Rate Used in the ExportOriented Unit (EOU) Scheme Benefit 

Calculation 

IX. Recommendation 

[FR Doc. 2021–04728 Filed 3–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–791–825] 

Common Alloy Aluminum Sheet From 

South Africa: 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 South Africa is 

being, or is 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: 

Laurel LaCivita, 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) 482–4243. 

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 South Africa, 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 product covered by this 

investigation is aluminum sheet from 

South Africa. For a complete 

description of the scope of this 

investigation, see Appendix I of 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


jbell on DSKJLSW7X2PROD with NOTICES