[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47472-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073/C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China; 
Antidumping and Countervailing Duty Orders: Notice of Covered 
Merchandise Referral

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the 
Department of Commerce (Commerce) received a covered merchandise 
referral from U.S. Customs and Border Protection (CBP) in connection 
with a CBP EAPA investigation concerning the antidumping and 
countervailing duty (AD/CVD) orders on common alloy aluminum sheet from 
the People's Republic of China. In accordance with the EAPA, Commerce 
intends to determine whether the merchandise subject to the referral is 
covered by the

[[Page 47473]]

scope of the orders and promptly to transmit its determination to CBP. 
Commerce is providing notice of the referral and inviting participation 
from interested parties.

DATES: Applicable August 25, 2021.

FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, AD/CVD 
Operations Office VI, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-5760, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 24, 2016, the Trade Facilitation and Trade Enforcement 
Act of 2015 was signed into law, which contains Title IV--Prevention of 
Evasion of Antidumping and Countervailing Duty Orders (short title 
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130 
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421 
of the EAPA added section 517 to the Tariff Act of 1930, as amended 
(the Act), which establishes a formal process for CBP to investigate 
allegations of the evasion of AD/CVD orders. Section 517(b)(4)(A) of 
the Act provides a procedure by which if, during the course of an EAPA 
investigation, CBP is unable to determine whether the merchandise at 
issue is covered merchandise within the meaning of section 517(a)(3) of 
the Act, it shall refer the matter to Commerce to make such a 
determination. Section 517(a)(3) of the Act defines covered merchandise 
as merchandise that is subject to an antidumping duty order issued 
under section 736 of the Act or a countervailing duty order issued 
under section 706 of the Act. Section 517(b)(4)(B) of the Act states 
that Commerce, after receiving a covered merchandise referral from CBP, 
shall determine whether the merchandise is covered merchandise and 
promptly transmit its determination to CBP. The Act does not establish 
a deadline within which Commerce must issue its determination.
    On May 13, 2021, Commerce received a covered merchandise referral 
from CBP regarding CBP EAPA Investigation No. 7469 \1\ which concerns 
the AD and CVD orders on common alloy aluminum sheet from the People's 
Republic of China (China).\2\ CBP explained that Texarkana Aluminum, 
Inc. (TKA) alleged that AA Metals, Inc. (AA Metals) imported Chinese-
origin aluminum sheet into the United States that was transshipped 
through Turkey after minor processing, and falsely declared it as 
Turkish-origin.\3\ CBP stated that TKA alleged that AA Metals imported 
Chinese aluminum sheet that was re-rolled to a thinner thickness in 
Turkey by Turkish producers PMS Metal Profil Al[uuml]minyum San. ve 
Tic. A.[Scedil]. (PMS) and Teknik Al[uuml]minyum Sanayi A.[Scedil]. 
(Teknik).\4\ CBP's Office of Trade initiated an EAPA investigation on 
June 30, 2020, based on the evidence in the allegation submitted by TKA 
that reasonably suggested that AA Metals entered aluminum sheet into 
the customs territory of the United States by means of evasion.
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    \1\ See Letter from CBP, ``Re: Covered Merchandise Referral 
Request for EAPA Investigation 7469, Imported by AA Metals, Inc.: 
Antidumping and Countervailing Duty Orders on Common Alloy Aluminum 
Sheet from the People's Republic of China,'' dated May 13, 2021 
(CBP's EAPA 7469 Letter). Commerce intends to make available this 
document and any supporting documents on Enforcement and 
Compliance's Antidumping Duty and Countervailing Duty Centralized 
Electronic Service System (ACCESS) within five days of publication 
of this notice.
    \2\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019); 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(collectively, the Orders).
    \3\ See CBP's EAPA 7469 Letter at 1-2.
    \4\ Id. at 2.
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    CBP informed Commerce that CBP is unable to determine whether the 
merchandise at issue is covered merchandise due to the third country 
processing in two scenarios: (1) Chinese-origin aluminum sheet of a 
thickness a little greater than covered by the scope re-rolled in 
Turkey to a thickness covered by the scope; and (2) Chinese-origin 
aluminum sheet of a thickness covered by the scope re-rolled in Turkey 
to a thickness covered by the scope. CBP further informed Commerce that 
AA Metals argues that the Chinese-origin aluminum sheet further 
processed in Turkey is not subject to the Orders.\5\
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    \5\ Id. at 2-3.
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Notification to Interested Parties

    Commerce is hereby notifying interested parties that it has 
received the covered merchandise referral referenced above, it will 
begin new segments of the proceedings, and intends to issue a 
determination regarding whether the merchandise subject to the referral 
is covered merchandise within the meaning of section 517(a)(3) of the 
Act. Additionally, Commerce intends to provide interested parties with 
the opportunity to participate in these segments of the proceedings, 
including through the submission of comments, and, if appropriate, new 
factual information and verification. Specifically, Commerce will 
notify parties on the segment-specific service lists for these segments 
of the proceedings of a schedule for comments. In addition, Commerce 
may request factual information from any person to assist in making its 
determination and may verify submissions of factual information, if 
Commerce determines that such verification is appropriate. Commerce 
intends to issue a final determination within 120 days of the 
publication of this notice (this deadline may be extended if it is not 
practicable to complete the final determination within 120 days) and 
will promptly transmit its final determination to CBP in accordance 
with section 517(b)(4)(B) of the Act.
    Commerce may consider conducting a separate anti-circumvention 
inquiry regarding the merchandise described in CBP's covered 
merchandise referral, if parties submit the necessary information 
addressing the criteria for an anti-circumvention inquiry, in 
accordance with section 781 of the Act. Interested parties are 
requested to file such comments and information onto the record of this 
proceeding within 30 days of the publication of this notice in the 
Federal Register.
    Parties are also hereby notified that this may be the only notice 
that Commerce intends to publish in the Federal Register concerning 
this covered merchandise referral. Interested parties that wish to 
participate in these segments of the proceedings, and receive notice of 
the final determination, must submit their letters of appearance as 
discussed below. Further, any party desiring access to business 
proprietary information in these segments of the proceedings must file 
an application for access to business proprietary information under 
administrative protective order (APO), as discussed below.
    Finally, we note that covered merchandise referrals constitute a 
new type of segment of a proceeding at Commerce, and therefore Commerce 
intends to develop its practice and procedures in this area as it gains 
more experience.

Scope of the Orders

    The merchandise covered by these orders is aluminum common alloy 
sheet (common alloy 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

[[Page 47474]]

sheet within the scope of the orders 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.
    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 orders if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of the orders 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, or H-391 temper. In addition, aluminum can stock has a 
lubricant applied to the flat surfaces of the can stock to facilitate 
its 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, 7606.12.3090, 7606.12.6000, 
7606.91.3090, 7606.91.3095, 7606.91.6080, 7606.91.6095, 7606.92.3090, 
7606.92.3035, 7606.92.6080, and 7606.92.6095. Further, merchandise that 
falls within the scope of the orders may also be entered into the 
United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 
7606.12.3025, 7606.12.3030, 7606.12.3035, 7606.91.3055, 7606.91.3060, 
7606.91.6040, 7606.91.6055, 7606.92.3025, 7606.92.3060, 7606.92.6040, 
7606.92.6055, and 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the orders is dispositive.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\6\ An electronically filed document must be received 
successfully in its entirety by the applicable deadline. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information.\7\ Each 
submission must be placed on the record of the segment of the 
proceeding for each order, i.e., for the AD order (A-570-073) and the 
CVD order (C-570-074).
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement 
and Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order

    Interested parties that wish to participate in these segments of 
the proceedings and to be added to the public service lists for these 
segments of the proceedings must file a letter of appearance in 
accordance with 19 CFR 351.103(d)(1), with one exception: The parties 
to EAPA investigation 7469 publicly identified by CBP in the covered 
merchandise referral referenced above (TKA and AA Metals) \8\ are not 
required to submit a letter of appearance, and will be added to the 
public service list for these segments of the proceedings by Commerce.
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    \8\ See CBP's EAPA 7496 Letter at 5.
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    Commerce placed an APO on the record on August 18, 2021,\9\ and 
established the APO service lists for use in these segments. Commerce 
intends to place the covered merchandise referral letter on the records 
of these segments in ACCESS within five days of publication of this 
notice.
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    \9\ See Memorandum, ``Request for Establishment of 
Administrative Protective Order: Antidumping and Countervailing Duty 
Orders on Common Alloy Aluminum Sheet from the People's Republic of 
China: (A-570-073/C-570-074),'' dated August 18, 2021.
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    Interested parties must submit applications for disclosure under 
the APO in accordance with the procedures outlined in Commerce's 
regulations at 19 CFR 351.305. Those procedures apply to these segments 
of the proceedings, with one exception: APO applicants representing the 
parties that have been identified by CBP as an importer in the covered 
merchandise referral (referenced above) are exempt from the additional 
filing requirements for importers pursuant to 19 CFR 351.305(d).

    Dated: August 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-18282 Filed 8-24-21; 8:45 am]
BILLING CODE 3510-DS-P