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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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 13301 

Questionnaire,’’ dated December 11, 2020; see also 

Elvalhalcor’s Letter, ‘‘Antidumping Investigation of 

Common Alloy Aluminum Sheet from Greece: 

Elvalhalcor’s Response to In Lieu of Verification 

Questionnaire Response,’’ dated December 21, 

2020. 

6See Preliminary Determination PDM at 5. 

7Commerce determined that Elval Hellenic 

Aluminum Industry S.A., Elval Colour S.A. and 

Symetal S.A. are a single entity. See Preliminary 

Determination PDM. 8See Preliminary Determination, 85 FR at 65375. 

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 certain 

changes to the margin calculations for 

Elval Hellenic Aluminum Industry S.A 

(Elvalhalcor). For a discussion of these 

changes, see the ‘‘Changes from the 

Preliminary Determination’’ section of 

the Issues and Decision Memorandum. 

Final Determination of No Shipments 

Commerce preliminarily determined 

that Argiropoulos B.A.E.E. 

(Argiropoulos) had no shipments of the 

subject merchandise to the United 

States during the POI.6 There is no new 

information on the record that would 

cause us to revisit our determination of 

no shipments for this company. 

Accordingly, Commerce will issue 

appropriate instructions to U.S. 

Customs and Border Protection (CBP). 

Final Determination 

The final estimated weighted-average 

dumping margin is as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Elval Hellenic Aluminum Industry 

S.A./ Elval Colour S.A./ 

Symetal S.A. 7 ......................... 0.00 

Because the only weighted-average 

dumping margin is zero, we determine 

that aluminum sheet from Greece is not 

being, or is not likely to be, sold in the 

United States at LTFV. Commerce has 

not calculated an estimated weightedaverage dumping margin for all other 

producers and exporters pursuant to 

sections 735(c)(1)(B) and (c)(5) of the 

Act because it has not made a final 

affirmative determination of sales at 

LTFV. 

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). 

Suspension of Liquidation 

In the Preliminary Determination, 

Commerce determined a weightedaverage dumping margin for Elvalhalcor 

that was above de minimis . Therefore, 

we instructed CBP to suspend 

liquidation of entries of aluminum sheet 

from Greece as of October 15, 2020, the 

date of publication of the Preliminary 

Determination.8 Because Commerce has 

made a final negative determination of 

sales at LTFV with regard to the subject 

merchandise, Commerce will instruct 

CBP to terminate suspension of 

liquidation and refund any cash 

deposits of estimated antidumping 

duties for entries of aluminum sheet 

from Greece. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission of our final 

determination. As our final 

determination is negative, this 

proceeding is terminated in accordance 

with section 735(c)(2) of the Act. 

Notification Regarding Administrative 

Protective Orders 

This notice will serve as a 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 terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

This determination is 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 

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 


jbell on DSKJLSW7X2PROD with NOTICES
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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