[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19449-19454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07180]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-855, C-489-840, C-525-002, C-533-896]
Common Alloy Aluminum Sheet From Bahrain, Brazil, India, and the
Republic of Turkey: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 30, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410
(Bahrain); Jonathan Hall-Eastman at (202) 482-1468 (Brazil); Benito
[[Page 19450]]
Ballesteros at (202) 482-7425 (India); Mark Hoadley at (202) 482-3148
(Republic of Turkey (Turkey)), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 9, 2020, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
common alloy aluminum sheet (aluminum sheet) from Bahrain, Brazil,
India, and Turkey, filed in proper form on behalf of the Aluminum
Association Common Alloy Aluminum Sheet Working Group (petitioners).\1\
The Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of 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.
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\1\ See Petitioners' Letter, ``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,'' dated March 9, 2020 (Petitions).
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On March 12, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petitions in separate supplemental
questionnaires.\2\ The petitioners filed responses to the supplemental
questionnaires between March 16 and 19, 2020.\3\ On March 20, 2020,
Commerce requested additional information in a phone call with the
petitioners,\4\ and the petitioners responded to Commerce's request on
March 23, 2020.\5\
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\2\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Common Alloy Aluminum Sheet from
Bahrain: Supplemental Questions''; ``Petition for the Imposition of
Countervailing Duties on Imports of Common Alloy Aluminum Sheet from
Bahrain: Supplemental Questions''; ``Petition for the Imposition of
Countervailing Duties on Imports of Common Alloy Aluminum Sheet from
India: Supplemental Questions''; and ``Petition for the Imposition
of Countervailing Duties on Imports of Common Alloy Aluminum Sheet
from Turkey: Supplemental Questions'', dated March 12, 2020. See
also Commerce Letter, ``Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of 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: Supplemental Questions,'' dated
March 13, 2020.
\3\ See Petitioner's Letters, ``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--Petitioners' Amendments to Volume I Relating to
General Issues'' (General Issues Supplement); ``Petitioners'
Responses to Supplemental Questions Concerning Volume XX Relating to
Bahrain Countervailing Duty''; ``Common Alloy Aluminum Sheet from
Brazil--Petitioners' Supplement to Volume XXI Relating to Brazil
Countervailing Duties''; ``Common Alloy Aluminum Sheet from India--
Petitioners' Supplement to Volume XXII Relating to India
Countervailing Duties''; and ``Petitioners' Responses to
Supplemental Questions Concerning Volume XXIII Relating to Turkey
Countervailing Duty'', dated March 17, 2020.
\4\ See Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of 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: Phone Call with
Counsel to the Petitioners,'' dated March 20, 2020.
\5\ See Petitioners' Letter, ``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--Petitioners' Second Amendment to Volume I
Relating to General Issues,'' dated March 23, 2020 (Second General
Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Governments of
Bahrain, Brazil, India, and Turkey (GBA, GBR, GOI, and GOT,
respectively) \6\ are providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of aluminum
sheet in Bahrain, Brazil, India, and Turkey, and that imports of such
products are materially injuring, or threatening material injury to,
the domestic aluminum sheet industry in the United States. Consistent
with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those
alleged programs on which we are initiating CVD investigations, the
Petitions are accompanied by information reasonably available to the
petitioners supporting the allegations.
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\6\ Petitioners' filings refer to both the Government of Bahrain
and Government of Brazil and ``GOB.'' To avoid confusion, we will
use ``GBA'' and ``GBR'' to refer to the governments of Bahrain and
Brazil, respectively.
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Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are an interested
party, as defined in sections 771(9)(C) and (F) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support necessary for the initiation of the requested CVD
investigations.\7\
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\7\ See the ``Determination of Industry Support for the
Petition'' section, infra.
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Periods of Investigation
Because the Petitions were filed on March 9, 2020, the periods of
investigation are January 1, 2019 through December 31, 2019.
Scope of the Investigations
The product covered by these investigations is aluminum sheet from
Bahrain, Brazil, India, and Turkey. For a full description of the scope
of these investigations, see the Appendix to this notice.
Scope Comments
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on April 20, 2020, which is 20 calendar days from the signature
date of this notice.\10\ Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on April 30, 2020,
which is 10 calendar days from the initial comment deadline.\11\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b) (21) (defining ``factual
information'').
\10\ Commerce practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, April 20, 2020). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
\11\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An
[[Page 19451]]
electronically filed document must be received successfully in its
entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on 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%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GBA, GBR, GOI, and GOT of the receipt
of the Petitions and provided them the opportunity for consultations
with respect to the Petitions.\13\ The consultations with the GOI were
scheduled for March 23, 2020. However, on March 23, 2020, the GOI
requested that Commerce postpone the consultations to a later date.\14\
Consultations were held with the GOT on March 20, 2020.\15\
Consultations were held with the GBR on March 27, 2020.\16\
Consultations were not held with the GBA because the GBA did not
request them.
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\13\ See Commerce's Letters, ``Countervailing Duty Petition on
Common Alloy Aluminum Sheet from Brazil: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
March 10, 2020; ``Countervailing Duty Petition on Common Alloy
Aluminum Sheet from Bahrain;'' and ``Petition for Countervailing
Duties on Common Alloy Aluminum Sheet from the Republic of Turkey,''
each dated March 11, 2020; and ``Countervailing Duty Petition on
Common Alloy Aluminum Sheet from India: Invitation for Consultations
to Discuss the Countervailing Duty Petition,'' dated March 13, 2020.
\14\ See Memorandum, ``Countervailing Duty Petition on Common
Alloy Aluminum Sheet from India: Government Consultations,'' dated
March 23, 2020.
\15\ See Memorandum, ``Consultations with the Government of the
Republic of Turkey (Turkey) on the Countervailing Duty Petition
Regarding Common Alloy Aluminum Sheet from Turkey,'' dated March 23,
2020.
\16\ See Memorandum, ``Consultations with the Government of
Brazil on the Countervailing Duty Petition Regarding Common Alloy
Aluminum Sheet from Brazil,'' dated March 27, 2020.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (Ct.
Int'l Trade 2001) (citing Algoma Steel Corp., Ltd. v. United States,
688 F. Supp. 639, 644 (Ct. Int'l Trade 1988), aff'd 865 F.2d 240
(Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that aluminum sheet, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\20\
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\19\ See Volume I of the Petitions at 13-15.
\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist: Common
Alloy Aluminum Sheet from Bahrain (Bahrain CVD Initiation Checklist)
at Attachment II, Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering 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 (Attachment II); see also
Countervailing Duty Investigation Initiation Checklist: Common Alloy
Aluminum Sheet from Brazil (Brazil CVD Initiation Checklist) at
Attachment II; Countervailing Duty Investigation Initiation
Checklist: Common Alloy Aluminum Sheet from India (India CVD
Initiation Checklist) at Attachment II; and Countervailing Duty
Investigation Initiation Checklist: Common Alloy Aluminum Sheet from
Turkey (Turkey CVD Initiation Checklist) at Attachment II. These
checklists are dated concurrently with this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Commerce building.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their 2019 production of the domestic like product.\21\ In addition,
the petitioners provided 2019 production data for, and a letter of
support from, Jupiter Aluminum Corporation.\22\ The petitioners
estimated the production of the domestic like product for the entire
domestic industry based on shipment data collected by the Aluminum
Association, and the Aluminum Association's knowledge of the
industry.\23\ We relied on data provided by the petitioners for
purposes of measuring industry support.\24\
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\21\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3.
\22\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also Second General Issues Supplement.
\23\ See Volume I of the Petitions at 4 and Exhibits GEN-2 and
GEN-3; see also General Issues Supplement at 3.
\24\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3. For further discussion, see
Attachment II of the Bahrain CVD Initiation Checklist, Brazil CVD
Initiation Checklist, India CVD Initiation Checklist, and Turkey CVD
Initiation Checklist.
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Our review of the data provided in the Petitions, the General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\25\
First, the Petitions established support
[[Page 19452]]
from domestic producers (or workers) accounting for more than 50
percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\26\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petitions account for at least
25 percent of the total production of the domestic like product.\27\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petitions
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petitions.\28\ Accordingly, Commerce
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.\29\
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\25\ Id.
\26\ Id.; see also section 702(c)(4)(D) of the Act.
\27\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see
also General Issues Supplement at 3. For further discussion, see
Attachment II of the Bahrain CVD Initiation Checklist, Brazil CVD
Initiation Checklist, India CVD Initiation Checklist, and Turkey CVD
Initiation Checklist.
\28\ Id.
\29\ Id.
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Injury Test
Because Bahrain, Brazil, India, and Turkey are ``Subsidies
Agreement Countries'' within the meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to these investigations.
Accordingly, the ITC must determine whether imports of the subject
merchandise from Bahrain, Brazil, India, and/or Turkey materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\30\
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\30\ See Volume I of the Petitions at 15-17, and Exhibit GEN-9.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; declining capacity utilization; a declining
number of production and related workers; and a decline in financial
performance and profitability.\31\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\32\
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\31\ See Volume I of the Petitions at 22-37, and Exhibits GEN-7
and GEN-10 through GEN-15.
\32\ See Bahrain CVD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petition
Petitions Covering 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 (Attachment III); see also Attachment III of the Brazil CVD
Initiation Checklist, India CVD Initiation Checklist, and Turkey CVD
Initiation Checklist.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of aluminum sheet from Bahrain, Brazil, India, and
Turkey benefit from countervailable subsidies conferred by the GBA,
GBR, GOI, and GOT, respectively. In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 65 days after the date of this
initiation.
Bahrain
Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation on 9 of the 12
alleged programs. For a full discussion of the basis for our decision
whether to initiate on each program, see Bahrain CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Brazil
Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation on 18 of the 19
alleged programs. For a full discussion of the basis for our decision
whether to initiate on each program, see Brazil CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
India
Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation, in whole or
part, on 41of the 43 alleged programs. For a full discussion of the
basis for our decision to initiate on each program, see India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Turkey
Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation, in whole or
part, on all of the 21 alleged programs. For a full discussion of the
basis for our decision to initiate on each program, see Turkey CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
The petitioners named one company in Bahrain, six companies in
Brazil, 14 companies in India, and 21 companies in Turkey as producers/
exporters of aluminum sheet.\33\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in these investigations. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select mandatory respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports of
aluminum sheet from Bahrain, Brazil, India, and Turkey during the POI
under the appropriate Harmonized Tariff Schedule of the United States
numbers listed in the ``Scope of the Investigations,'' in the Appendix.
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\33\ See Volume I of the Petitions at Exhibit GEN-6.
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On March 24, 2020 and March 26, 2020, Commerce released CBP data on
imports of aluminum sheet from those countries with a large number of
companies, specifically, Brazil, India, and Turkey under APO to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on the CBP data must do so within
three business days of the publication date of the notice of initiation
of these investigations.\34\ Commerce will not
[[Page 19453]]
accept rebuttal comments regarding the CBP data or respondent
selection.
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\34\ See Memoranda, ``Petition for the Imposition of
Countervailing Duties (CVD) on Imports of Common Alloy Aluminum
Sheet from Brazil: Release of U.S. Customs and Border Protection
Data;'' and ``Countervailing Duty Petition on Common Alloy Aluminum
Sheet from India: Release of U.S. Customs and Border Protection
Data,'' dated March 24, 2020; see also Memorandum, ``Countervailing
Duty Petition on Common Alloy Aluminum Sheet from the Republic of
Turkey: Release of U.S. Customs and Border Protection Data,'' dated
March 26, 2020.
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The petitioners identified one company in Bahrain as the sole
producer/exporter of aluminum sheet (i.e., Gulf Aluminum Rolling Mill
Company (GARMCO)). We currently know of no additional producers/
exporters of aluminum sheet from Bahrain. Accordingly, for Bahrain,
Commerce intends to individually examine GARMCO. Parties wishing to
comment on respondent selection for Bahrain, must do so within three
business days of the publication date of the notice of initiation of
these investigations.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GBA, GBR, GOI, and GOT via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of aluminum sheet from Bahrain, Brazil, India,
and Turkey are materially injuring, or threatening material injury to,
a U.S. industry.\35\ A negative ITC determination in any country will
result in the investigations being terminated with respect to that
country.\36\ Otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\35\ See section 703(a)(2) of the Act.
\36\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\37\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\38\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\41\
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\41\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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This notice is issued and published pursuant to sections 702(c)(2)
and 777(i) of the Act and 19 CFR 351.203(c).
Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations 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.
[[Page 19454]]
Common alloy sheet within the scope of the investigations 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 these investigations if performed in
the country of manufacture of the common alloy sheet.
Excluded from the scope of these investigations 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 Start Printed Page 2159 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, 7606.1l 6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.9.6095, 7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of these investigations 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 these investigations is dispositive.
[FR Doc. 2020-07180 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P